reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-17.1 - County auditor as agent for service of process on party--Request for personal service.

49-41B-17.1. County auditor as agent for service of process on party--Request for personal service.
The county auditor of each county where a facility is proposed to be sited is the agent for service of process upon a party. For energy conversion facilities, all counties in the designated siting area are included. Any party may receive all material filed in the matter by making a specific request to the commission for personal service of the material.
Source:
SL 1982, ch 332, §3; SL 2008, ch 246, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-17.2 - Contested case hearing.

49-41B-17.2. Contested case hearing.
A party to a proceeding under this chapter as provided in §49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26.
Source:
SL 2019, ch 200, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-19 - Evidence from state or local agencies relative to environmental, social and economic conditions.

49-41B-19. Evidence from state or local agencies relative to environmental, social and economic conditions.
The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein.
Source:
SL 1977, ch 390, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-19.1 - Public comments on application.

49-41B-19.1. Public comments on application.
The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission's website all comments that are accepted pursuant to this section, and may publish substantially similar comments by publishing one of the comments and attributing the content of the comment to a number of persons.
Source:
SL 2019, ch 200, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-20 - Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.

49-41B-20. Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.
The final report shall be heard by the Public Utilities Commission at the final hearing wherein the commission makes its decision on the application for a permit. The local review committee report may be adopted in whole or in part, at the discretion of the commission.
Source:
SL 1977, ch 390, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-21 - Environmental impact statement.

49-41B-21. Environmental impact statement.
Prior to the issuance of a permit, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9.
Source:
SL 1977, ch 390, §16; SL 2007, ch 274, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-22 - Applicant's burden of proof.

49-41B-22. Applicant's burden of proof.
The applicant has the burden of proof to establish by a preponderance of the evidence that:
(1)The proposed facility will comply with all applicable laws and rules;
(2)The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area;
(3)The facility will not substantially impair the health, safety or welfare of the inhabitants; and
(4)The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision.
Source:
SL 1977, ch 390, §17; SL 1981, ch 340, §3; SL 1991, ch 386, §6; SL 2019, ch 200, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-22.1 - Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.

49-41B-22.1. Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.
Nothing contained herein shall prohibit an applicant from reapplying for a permit previously denied pursuant to §49-41B-24 or 49-41B-25 within three years from the date of the denial of the original permit. Upon the first such reapplication, the applicant shall have the burden of proof to establish only those criteria upon which the original permit was denied, provided that nothing in the reapplication materially changes the information presented in the original application regarding those criteria upon which the original permit was not denied. However, nothing contained in this provision shall prohibit the Public Utilities Commission from requiring such applicant to meet its burden of proof as to any criteria, upon a specific finding by the commission of a material change in the circumstances regarding those criteria, but the Public Utilities Commission shall not, in any event, prepare or require the preparation of an environmental impact statement.
Source:
SL 1982, ch 333, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-22.2 - Reapplication for permit--Discussion of commission as to applicant's burden of proof.

49-41B-22.2. Reapplication for permit--Discussion of commission as to applicant's burden of proof.
If a second or subsequent reapplication is filed within three years, or a reapplication is filed after three years, following a denial of a permit pursuant to §49-41B-24 or 49-41B-25, the Public Utilities Commission may in its discretion decide if an applicant shall have the burden of proof to establish all criteria required in an original application.
Source:
SL 1982, ch 333, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-22.3 - Reapplication for permit--Deposits and fees required.

49-41B-22.3. Reapplication for permit--Deposits and fees required.
The provisions of §49-41B-12 relating to deposits and fees required of applicants shall apply to all reapplications made pursuant to §§49-41B-22.1 and 49-41B-22.2.
Source:
SL 1982, ch 333, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-23 - Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.

49-41B-23. Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.
The Public Utilities Commission may waive compliance with and provisions of this chapter if the utility or person submitting an application pursuant to the chapter demonstrates to the commission at a public hearing that an immediate, urgent need for a facility or an associated facility exists and that the utility or person submitting the application did not have knowledge that a need for the facility existed sufficiently in advance to fully comply with the provisions of this chapter. The commission may waive compliance with any of the provisions of this chapter upon receipt of notice by a utility or person that a facility, or an associated facility, has been damaged or destroyed as a result of fire, flood, or other natural disaster, or as a result of insurrection, war, or other civil disorder, and there exists a need for construction of a new facility, or the relation of a previously existing facility or associated facility in order to promote the public health, safety or welfare.
Source:
SL 1977, ch 390, §30.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-24 - Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.

49-41B-24. Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.
Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, or transmission facilities, the commission shall make complete findings in rendering a decision regarding whether a permit should be granted, denied, or granted upon such terms, conditions or modifications of the construction, operation, or maintenance as the commission deems appropriate.
Source:
SL 1977, ch 390, §18; SL 1980, ch 328, §2; SL 1981, ch 341; SL 2006, ch 242, §5; SL 2009, ch 243, §3; SL 2015, ch 235, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-24.1 - Extension of deadlines.

49-41B-24.1. Extension of deadlines.
Upon request of the applicant, the commission may extend the deadlines for commission action established in §§49-41B-24 and 49-41B-25.
Source:
SL 2019, ch 200, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-25 - Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.

49-41B-25. Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.
Within nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, the commission shall make complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the commission determines are appropriate. In the decision, the commission shall find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the hearing within ten days following the decision.
Source:
SL 1977, ch 390, §19; SL 2005, ch 250, §3; SL 2015, ch 235, §3; SL 2019, ch 200, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-25.1 - Notice to commission of planned construction of certain wind energy projects.

49-41B-25.1. Notice to commission of planned construction of certain wind energy projects.
Any person who plans on constructing a wind energy project consisting of wind turbines with a combined nameplate capacity that exceeds five megawatts shall notify the commission four months prior to the planned start of construction of the project. The notification shall be for informational purposes only and shall state the planned location of the project, the number of wind turbines, the nameplate capacity of the wind turbines, the planned method of interconnection, and the estimated construction start date and construction completion date. If the information provided changes, the informational filing shall be updated to reflect the changes.
Source:
SL 2009, ch 246, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-25.2 - Wind energy facility to include aircraft detection lighting system.

49-41B-25.2. Wind energy facility to include aircraft detection lighting system.
For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility.
Source:
SL 2019, ch 201, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-26 - Accounting for expenditures of applicant's deposit--Refund of unused moneys.

49-41B-26. Accounting for expenditures of applicant's deposit--Refund of unused moneys.
The commission shall provide the applicant with a full financial accounting relating to the expenditures of the amount received pursuant to §49-41B-12. Except for the eight thousand dollar minimum fee required pursuant to §49-41B-12, unused moneys shall be refunded to the applicant within thirty days of the commission's decision on the application.
Source:
SL 1977, ch 390, §6; SL 2015, ch 235, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-27 - Construction, expansion, and improvement of facilities.

49-41B-27. Construction, expansion, and improvement of facilities.
Utilities which have acquired a permit in accordance with the provisions of this chapter may proceed to improve, expand, or construct the facility for the intended purposes at any time, subject to the provisions of this chapter; provided, however, that if such construction, expansion and improvement commences more than four years after a permit has been issued, then the utility must certify to the Public Utilities Commission that such facility continues to meet the conditions upon which the permit was issued.
Source:
SL 1977, ch 390, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-28 - Supersession of local land use controls by facility permit upon finding by commission.

49-41B-28. Supersession of local land use controls by facility permit upon finding by commission.
A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land-use zoning, or building rules, or regulations, or ordinances.
Source:
SL 1977, ch 390, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-29 - Transfer of permit--Commission approval--Rules.

49-41B-29. Transfer of permit--Commission approval--Rules.
A permit may be transferred, subject to the approval of the Public Utilities Commission to a person who agrees to comply with the terms, conditions, and modifications contained therein. The commission shall adopt rules pursuant to the authority granted under this chapter.
Source:
SL 1977, ch 390, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-30 - Circuit court review of commission decision by aggrieved party--Procedures.

49-41B-30. Circuit court review of commission decision by aggrieved party--Procedures.
Any party to a permit issuance proceeding aggrieved by the final decision of the Public Utilities Commission on an application for a permit, may obtain judicial review of that decision by filing a notice of appeal in circuit court. The review procedures shall be the same as that for contested cases under chapter 1-26.
Source:
SL 1977, ch 390, §22; SL 1982, ch 332, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court.

49-41B-31. Order not stayed by appeal--Stay or suspension by court.
Notwithstanding the provisions of §49-41B-30, the pendency of proceedings on appeal from a Public Utilities Commission order shall not of itself stay or suspend the operation of the order, but during the pendency of the proceedings the court may, upon motion by one of the parties, stay or suspend, in whole or in part, the operation of the commission's order on terms it deems just, and in accordance with the practice of courts exercising equity jurisdiction, but no stay shall be granted without notice to the parties and opportunity to be heard by the court. No commission order shall be stayed or suspended absent a finding that, great or irreparable damage would otherwise result to the party seeking the stay or suspension and any other staying or suspending a commission order shall specify the nature of the damage.
Source:
SL 1977, ch 390, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.

49-41B-32. Surety bond required if order stayed or suspended--Other security.
If an order of the Public Utilities Commission is stayed or suspended the court shall require a bond with good and sufficient surety, conditioned that the party or parties petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission. The court may in addition or in lieu of the bond, require other further security for the payment of such excess damages or charges it deems proper.
Source:
SL 1977, ch 390, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-33 - Revocation or suspension of permit--Grounds.

49-41B-33. Revocation or suspension of permit--Grounds.
A permit may be revoked or suspended by the Public Utilities Commission for:
(1)Any misstatement of a material fact in the application or in accompanying statements or studies required of the applicant, if a correct statement would have caused the commission to refuse to grant a permit; or
(2)Failure to comply with the terms or conditions of the permit; or
(3)Violation of any material provision of this chapter or the rules promulgated thereunder.
Source:
SL 1977, ch 390, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-34 - Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.

49-41B-34. Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.
Any person required by this chapter to have a permit who begins construction of a facility without previously securing a permit as prescribed by this chapter, or who constructs, operates, or maintains a facility other than in compliance with the permit and any terms, conditions, and modifications contained therein is guilty of a Class 1 misdemeanor and is subject to a civil penalty of not more than ten thousand dollars. Each day of violation shall constitute a separate offense. The civil penalty provided for in this section shall be recoverable by suit filed by the Public Utilities Commission and shall be deposited into the permanent school fund.
Source:
SL 1977, ch 390, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-35 - Promulgation of rules.

49-41B-35. Promulgation of rules.
To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:
(1)To establish the information requirements and procedures that every utility must follow when filing plans with the commission regarding its proposed and existing facilities;
(2)To establish procedures for utilities to follow when filing an application for a permit to construct a facility, and the information required to be included in the application; and
(3)To require bonds, guarantees, insurance, or other requirements to provide funding for the decommissioning and removal of a solar or wind energy facility.
Source:
SL 1977, ch 390, §26; SL 1986, ch 22, §24; SL 1990, ch 371, §4; SL 2005, ch 250, §4; SL 2007, ch 274, §3; SL 2019, ch 200, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-36 - Authority to route or locate facilities not delegated to commission.

49-41B-36. Authority to route or locate facilities not delegated to commission.
Nothing in this chapter is a delegation to the commission of the authority to route a transmission facility, or to designate or mandate location of an energy conversion facility, AC/DC conversion facility, solar energy facility, or wind energy facility.
Source:
SL 1977, ch 390, §2; SL 2005, ch 250, §5; SL 2006, ch 242, §6; SL 2019, ch 200, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-38 - Indemnity bond for damage to roads and bridges.

49-41B-38. Indemnity bond for damage to roads and bridges.
In the case of any trans-state transmission facility or transmission facility as defined in this chapter, the Public Utilities Commission shall require any person performing any construction or survey work to furnish an indemnity bond in a reasonable amount, which shall be in lieu of any county or township indemnity bond pursuant to §§31-12-43 and 31-13-55. Such bond shall run in favor of, and for the benefit of, such townships, counties, or other governmental entities whose property is crossed by such trans-state transmission facility or transmission facility to insure that any damage beyond normal wear to public roads, highways, bridges, or other related facilities shall be adequately compensated. The form, terms, and conditions of such bond shall be subject to the approval of the Public Utilities Commission.
Source:
SL 1984, ch 213, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-39 - Financial security for decommissioning of wind turbines or solar facilities.

49-41B-39. Financial security for decommissioning of wind turbines or solar facilities.
All right and title in any financial security required by the commission for the decommissioning of wind turbines or solar energy facilities must be controlled by the commission, in accordance with the terms of the financial security agreement or instrument, until the commission by order releases the security. The financial security of the person required to provide it may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without commission approval.
The commission may require, accept, hold, or enter into any agreement or instrument for the provision of financial security, including any funds reserved or held by any person to satisfy or guarantee the obligation of an owner of wind turbines or solar energy facilities permitted under this chapter, to decommission and remove the wind turbines or solar energy facilities. The form, term, and conditions of the financial security are subject to the approval of the commission. The commission shall determine any claim upon the financial security made by any landowner for decommissioning and removal of turbines or solar energy facilities.
Any financial security provided under this chapter may not be pledged or used as security for any other obligation of the wind turbine or solar energy facilities owner, and is exempt from attachment or mesne process, from levy or sale on execution, and from any other final process issued from any court on behalf of third-party creditors of the owner of the wind turbines or solar energy facilities. Any commission decision based on any claim made by the owner of the wind turbines or solar energy facilities for refund or return of the financial security, or for actual expenses of decommissioning, or any related agreements, may be appealed.
In any case, the commission may appear in court and defend the integrity and viability of the financial security for purposes of decommissioning and removal of wind turbines or solar energy facilities. The commission may not require any financial security from an owner of wind turbines or solar energy facilities who is also a public utility as defined in §49-34A-1.
Source: SL 2019, ch 202, §1; SL 2022, ch 173, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 42A - Public Storage Warehouses › Section 49-42A-1 - Public storage warehouse defined.

49-42A-1. Public storage warehouse defined.
A public storage warehouse is a public warehouse where any personal property except grain, as defined in subdivision 49-45-1.1(2), is received for storage for hire and that generates more than five thousand dollars in gross income from storage for hire per calendar year. A public storage warehouse does not include self- storage units where the depositor's personal property is kept separate from the personal property of other depositors.
Source:
SL 1985, ch 376, §10; SL 1986, ch 397, §1; SL 1996, ch 277, §6; SL 2008, ch 248, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 42A - Public Storage Warehouses › Section 49-42A-8 - All property to be insured by public storage warehouse--Exception--Violation as misdemeanor.

49-42A-8. All property to be insured by public storage warehouse--Exception--Violation as misdemeanor.
Unless other insurance coverage is agreed to in writing by the depositor, a public storage warehouse shall keep all personal property of depositors fully insured against loss by fire, windstorm, and extended coverage risks. Failure to keep insurance in place is a Class 1 misdemeanor.
Source:
SL 2008, ch 248, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-1 - Grain delivered to warehouse considered stored--Other arrangements--Settlement.

49-43-1. Grain delivered to warehouse considered stored--Other arrangements--Settlement.
Any grain delivered to a public grain warehouse shall be considered stored at the time of delivery unless an arrangement has been made with the public grain warehouse operator prior to or at the time of delivery to apply the grain on contract, for shipment or consignment, or for cash sale. Grain may be held in open storage, a grain bank account, or placed on a warehouse receipt. The warehouse shall issue a scale ticket for any grain received by the warehouse. The warehouse shall keep sufficient grain inventory to cover all stored grain. Settlement for all grain stored or sold shall be made immediately on demand by the owner.
Source:
SDC 1939, §60.0314; SL 1973, ch 287, §1; SL 1985, ch 376, §22; SL 2008, ch 249, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-1.1 - Definitions.

49-43-1.1. Definitions.
Terms used in this chapter mean:
(1)"Commission," the Public Utilities Commission of this state;
(2)"Grain bank," grain which is received by a public grain warehouse from depositors for storage and is to be withdrawn and processed into feed as needed;
(3)"Independent provider," a third party entity that maintains an electronic central filing system of electronic warehouse receipts;
(4)"Open storage grain," grain received by a public grain warehouse from a depositor for which a warehouse receipt has not been issued or a purchase made and is not grain bank;
(5)"Public grain warehouse," any public warehouse where grain, as defined in subdivision 49-45-1.1(2), is received for storage for hire. A public grain warehouse may also purchase, receive or handle grain in accordance with the provisions of chapter 49-45 relating to grain buyers;
(6)"Receipt," a warehouse receipt which complies with the requirements of this chapter and the rules of the commission promulgated pursuant thereto. A warehouse receipt may be in an electronic form;
(7)"Scale ticket," a memorandum issued by a public grain warehouse or grain buyer to a depositor at the time grain is initially delivered, showing the weight of the load, kind of grain, date of delivery, and indicates whether the grain is to be sold or stored under a warehouse receipt, in open storage, or in a grain bank account.
Source:
SL 1985, ch 376, §17; SL 1986, ch 397, §2; SL 1989, ch 404, §1; SL 1994, ch 359, §1; SL 2008, ch 249, §2; SL 2011, ch 211, §1; SL 2012, ch 232, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-2 - Delivery constitutes bailment rather than sale.

49-43-2. Delivery constitutes bailment rather than sale.
If any grain is delivered to any person doing a public grain warehouse business in this state and is held in open storage, in a grain bank account, or placed on a warehouse receipt, the delivery is a bailment and not a sale of the grain.
Source:
SDC 1939, §60.0315; SL 1985, ch 376, §24; SL 2008, ch 249, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-2.1 - Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.

49-43-2.1. Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.
The operator of a public grain warehouse shall give a receipt for the grain received by it for storage, except for grain held in open storage or a grain bank account. No receipt form may be used except any form requested and ordered in accordance with the commission's rules promulgated pursuant to chapter 1-26.
The commission shall determine by rule or order the form and contents of any receipt form, which shall be uniform.
Any receipt form may be recovered by the commission if the public grain warehouse license is revoked, suspended, or otherwise terminated.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 1985, ch 376, §23; SL 1986, ch 397, §3; SL 2008, ch 249, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-3 - Grain stored under receipt not liable to seizure--Insolvency of bailee.

49-43-3. Grain stored under receipt not liable to seizure--Insolvency of bailee.
In no case is the grain stored under a receipt as required by §49-43-2.1, open storage grain, or grain bank liable to seizure upon process of any court in any action against the bailee, except an action by the owner of open storage grain, owner of grain bank, or owner or holder of a warehouse receipt to enforce the terms of the same. In the event of the failure or insolvency of the bailee, grain on hand in the public grain warehouse shall first be applied to the redemption and satisfaction of outstanding receipts issued by the warehouse and to owners of open storage grain and grain bank.
Source:
SDC 1939, §60.0315; SL 1985, ch 376, §25; SL 2008, ch 249, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-4.1 - Promulgation of rules.

49-43-4.1. Promulgation of rules.
The commission may promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedure for filing grain reports;
(2)The form of a public grain warehouse's bond and application, and the information required to be included for licensing;
(3)Requirements and procedures for releasing bonds;
(4)Requirements for posting public grain warehouse's licenses;
(5)Procedures and requirements for license suspension, revocation, transfer of ownership, or insolvency by a public grain warehouse;
(6)Requirements for the form of, procedures for, and the issuance and control of grain warehouse receipts and scale tickets;
(7)Specifications for the safe storage of grain;
(8)Requirements for filing financial statements with the commission and the financial standards by which the statements are approved when considering whether to license a public grain warehouse; and
(9)The rates for receiving, handling, redelivering, and storing grain.
Source:
SL 2008, ch 249, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-4.2 - Public grain warehouse license--Penalty--Injunction--Civil fine.

49-43-4.2. Public grain warehouse license--Penalty--Injunction--Civil fine.
No owner, lessee, or manager of a public grain warehouse may transact business as a public grain warehouse until a license has been issued by the commission. Any person who violates this section is guilty of a Class 1 misdemeanor.
Each day that a person is in violation of this section is a separate offense.
The operation of a public grain warehouse, without a license, may be enjoined by the commission.
The commission may assess a civil fine against an unlicensed warehouse operator in the amount of five thousand dollars per day, up to a maximum of fifty thousand dollars.
Source: SL 2008, ch 249, §8; SL 2022, ch 174, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-4.3 - Bond requirement--Violation as misdemeanor.

49-43-4.3. Bond requirement--Violation as misdemeanor.
Before any license is granted to a public grain warehouse, the warehouse operator shall file with the commission a bond conditioned to secure the faithful performance of the warehouse operator's obligations as a public warehouse and full and unreserved compliance with the laws of this state and the rules of the commission, relating to the storage of property for hire by the public warehouse. The bond shall be in the amount specified by §49-43-5.3. Operation as a public grain warehouse without a bond is a Class 1 misdemeanor. Each day a person conducts the business of a public grain warehouse without a bond is a separate offense.
Source:
SL 2008, ch 249, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-4.4 - Issuance or denial of license.

49-43-4.4. Issuance or denial of license.
Upon receipt of an application and sufficient bond, the commission may grant the license applied for or may, for good cause shown, deny the issuance of the license.
Source:
SL 2008, ch 249, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-4.5 - Expiration of license--Revocation or suspension.

49-43-4.5. Expiration of license--Revocation or suspension.
Each license issued pursuant §49-43-4.4 expires on the next June thirtieth following the issuance of the license. The commission may at any time for good cause shown revoke or suspend any grain warehouse license. However, the grain warehouse operator has the right of appeal from the decision provided by chapter 1-26 for the review of final decisions of the commission.
Source:
SL 2008, ch 249, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.1 - Application for license--Contents--Multiple warehouses of licensee.

49-43-5.1. Application for license--Contents--Multiple warehouses of licensee.
The application for a license to operate as a public grain warehouse made pursuant to §49-43-4.2 shall be in writing, in a form prescribed by the commission, and shall set forth the name, principal office or place of business, location of each warehouse if more than one warehouse is operated in separate municipalities or locations, and the individual name of each owner or principal in the management of the warehouse. If the warehouse is owned or managed by a corporation, the name of the president, secretary, and treasurer of the corporation shall be stated. The application shall also state that the applicant is seeking a public grain warehouse license and shall contain financial information depicting the financial condition of the business at the time of the application. The application shall contain the affirmation statement set forth in §22-29-9.1. The application shall be signed by the owner, managing partner, or chief executive officer of the applicant and shall be notarized.
If a warehouseman has more than one public grain warehouse in the same municipality, only one license is required for all the public grain warehouses.
Source:
SL 1985, ch 376, §18; SL 1992, ch 60, §2; SL 1994, ch 359, §3; SL 2013, ch 238, §1, eff. Apr. 1, 2013; SL 2017, ch 200, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.2 - Application fee.

49-43-5.2. Application fee.
The application for a license to operate as a public grain warehouse shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the warehouse operator receives or stores grain for hire.
Source:
SL 1985, ch 376, §19; SL 1996, ch 277, §3; SL 2008, ch 250, §1; SL 2011, ch 211, §2; SL 2013, ch 238, §2, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.3 - Purpose of bond--Amount--Multiple warehouses.

49-43-5.3. Purpose of bond--Amount--Multiple warehouses.
The bond required by §49-43-4.3 for public grain warehouses is for the specific purpose of protecting persons storing grain with the warehouse.
The warehouse operator shall furnish a single bond in an amount equal to one-half of the local market value of the grain stored in the warehouse, or if multiple warehouses are operated by the warehouse operator, the bond shall equal one-half of the local market value of the grain stored at all warehouse locations. However, a warehouse operator shall provide a minimum bond of twenty-five thousand dollars at any one municipality or location. The minimum bond amounts per municipality or location does not limit the bond coverage available to depositors at any one warehouse location. The entire bond, up to the amount on its face, shall provide coverage to a depositor conducting business at any of the warehouse operator's locations.
The bond shall describe with particularity the exact locations of the warehouses to be covered.
Source:
SL 1985, ch 376, §20; SL 1986, ch 397, §4; SL 1987, ch 355, §1; SL 1989, ch 404, §2; SL 1992, ch 60, §2; SL 1994, ch 359, §4; SL 2008, ch 249, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.5 - Filing of other financial documents in lieu of bond.

49-43-5.5. Filing of other financial documents in lieu of bond.
If the Public Utilities Commission determines, because a corporate surety company becomes insolvent or ceases to write grain warehouse bonds in this state, that a bond in the sum required by §49-43-5.3 cannot be executed, the commission may, by rule, authorize the filing of other financial documents in lieu of a corporate surety bond.
Source:
SL 1987, ch 355, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.6 - Grounds for suspension of license.

49-43-5.6. Grounds for suspension of license.
The commission may immediately suspend the license of a warehouse operator and the warehouse operator shall surrender the license to the commission if:
(1)The warehouse operator, whether licensed or unlicensed, refuses, neglects, or is unable, upon proper demand, to redeem any warehouse receipt or scale ticket for grain in open storage or in grain bank issued by the warehouse operator, through redelivery or cash payment;
(2)The warehouse operator refuses, neglects, or is unable to provide a bond in an amount required by the commission;
(3)The commission has knowledge of any act of insolvency, including the filing of a petition in bankruptcy naming the warehouse as debtor; or
(4)The warehouse operator refuses to submit to an inspection or cooperate with the lawful requests of a commission inspector, including requests for access to and copies of the books and records of the warehouse.
Within fifteen days the warehouse operator may request a hearing pursuant to chapter 1-26 to determine if the license should be revoked. If no request is made within fifteen days, the commission shall revoke the license. If the commission determines it is necessary, the commission may apply to the circuit court in the county in which the warehouse operator operates for that court to appoint a receiver. The receiver has such powers and duties as the court may direct.
Source:
SL 1987, ch 355, §3; SL 2008, ch 249, §13; SL 2013, ch 238, §3, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.7 - Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.

49-43-5.7. Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.
Any person injured by the breach of any obligation of a warehouseman, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person's own name in any court of competent jurisdiction to recover any damages the person may have sustained by reason of the breach. However, a person may sue on the bond only if the person has notified the commission of the person's intent to sue on the bond and if the commission has stated in writing that it does not intend to institute any proceedings regarding the bond. The commission shall respond in writing within sixty days of notification stating whether the commission intends to institute any proceedings regarding the bond. If the commission fails to respond in writing within the sixty days, the person may proceed to sue on the bond in the person's own name.
Source:
SL 1987, ch 355, §4; SL 2011, ch 211, §3; SL 2012, ch 232, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.8 - Possession of warehouse by commission--Notification of surety.

49-43-5.8. Possession of warehouse by commission--Notification of surety.
If the commission becomes aware of any act by any warehouse operator as described in §49-43-5.6, the commission may:
(1)Take immediate possession of the warehouse facility, and undertake an immediate audit and verify the names and addresses of all outstanding warehouse receipt holders and scale ticket holders as revealed by the audit, and audit and certify the quantity and class or classes of grain therein;
(2)Immediately notify the surety named in both the warehouse's and grain buyer's bonds, if any, held by the warehouse.
Source:
SL 1987, ch 355, §4a; SL 2008, ch 249, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-5.9 - Claim against warehouseman--Time limitation--Notice of revocation of license.

49-43-5.9. Claim against warehouseman--Time limitation--Notice of revocation of license.
Upon revocation, termination, or cancellation of a warehouse license, any claim against the warehouseman arising under this chapter shall be made in writing with the commission within six months after receiving notice of revocation, termination, or cancellation. Upon revocation of a warehouse license, the commission shall publish notice of the revocation once each week for two consecutive weeks in a newspaper of general circulation in each county in which the licensee maintains a business location and in a newspaper of general circulation within the state. The commission shall also send notice of the revocation by certified mail to each grain storage receipt and scale ticket holder named in the audit prepared pursuant to §49-43-5.8. The notice shall state the name and address of the warehouseman, the effective date of revocation, and the name and address of the surety on the warehouse bond. The notice shall also state that any claims against the warehouseman shall be made in writing and sent by ordinary mail to the commission within six months after receiving notice of revocation.
Source:
SL 1987, ch 355, §5; SL 1989, ch 30, §83; SL 1989, ch 404, §4; SL 2017, ch 200, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-7 - Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination.

49-43-7. Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination.
At the time of licensing, a grain warehouse operator shall file with the commission the rates charged by the grain warehouse for storing, receiving, and redelivering grain. A grain warehouse operator may file different rates for different commodities and the rates shall be effective for the licensing period beginning on July first. A grain warehouse operator may adjust rates during the licensing period no more than four times and adjusted rates shall be effective on the date of filing. A grain warehouse shall charge each customer the rates on file with the commission without discrimination. However, a warehouse operator may waive the fees for receiving and handling if the operator takes title to the grain. A list of the rates shall be made available to a customer upon request.
Source:
SDC 1939, §60.0311; SL 1949, ch 433; SL 1985, ch 376, §29; SL 1992, ch 332, §1; SL 2009, ch 247, §1.