reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1003 - Annual report.

48-7A-1003. Annual report.
(a) A limited liability partnership, and a foreign limited liability partnership authorized to transact business in this state, shall file an annual report pursuant to §§59-11-24 to 59-11-26, inclusive.
(b) Repealed by SL 2008, ch 275, §86.
(c) The secretary of state may revoke the statement of qualification of a partnership that fails to file an annual report when due or pay the required filing fee. To do so, the secretary of state shall provide the partnership at least sixty days' written notice of intent to revoke the statement. The notice must be mailed to the partnership at its chief executive office set forth in the last filed statement of qualification or annual report. The notice must specify the annual report that has not been filed, the fee that has not been paid, and the effective date of the revocation. The revocation is not effective if the annual report is filed and the fee is paid before the effective date of the revocation.
(d) A revocation under subsection (c) only affects a partnership's status as a limited liability partnership and is not an event of dissolution of the partnership.
(e) A partnership whose statement of qualification has been revoked may apply to the secretary of state for reinstatement within two years after the effective date of the revocation. The applicant shall submit with the application the filing fee of one hundred twenty-five dollars, plus any delinquent annual reports and fees for the period prior to the reinstatement application. Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document. The application must state:
(1)The name of the partnership and the effective date of the revocation; and
(2)That the ground for revocation either did not exist or has been corrected.
(f) A reinstatement under subsection (e) relates back to and takes effect as of the effective date of the revocation, and the partnership's status as a limited liability partnership continues as if the revocation had never occurred.
Source:
SL 2001, ch 249, §1003; SL 2003, ch 8, §27; SL 2008, ch 275, §86; SL 2009, ch 4, §22; SL 2012, ch 222, §25.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1004 - Eligibility to practice in limited liability partnership.

48-7A-1004. Eligibility to practice in limited liability partnership.
Any person registered, certified, or licensed pursuant to chapter 16-16, 36-4, 36-4A, 36-5, 36-6A, 36-7, 36-8, 36-9, 36-9A, 36-10, 36-12, or 36-20B may practice in a limited liability partnership.
Source:
SL 2001, ch 249, §1004.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1004.1 - Revocable trust as shareholder--Conditions.

48-7A-1004.1. Revocable trust as shareholder--Conditions.
Notwithstanding any other provisions of §48-7A-1004, a revocable trust may be a partner in a limited liability partnership organized under this chapter, for so long as the grantor of the revocable trust is living and is eligible to be a partner of a limited liability partnership organized under this chapter. After the death of the grantor, the partnership interest owned by a revocable trust is subject to any applicable divestiture and redemption provisions as if the partnership interest were directly owned by the grantor of the trust.
Source:
SL 2002, ch 205, §11.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1101 - Law governing foreign limited liability partnership.

48-7A-1101. Law governing foreign limited liability partnership.
(a) The law under which a foreign limited liability partnership is formed governs relations among the partners and between the partners and the partnership and the liability of partners for obligations of the partnership.
(b) A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the law under which the partnership was formed and the law of this state.
(c) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a partnership may not engage in or exercise in this state as a limited liability partnership.
Source:
SL 2001, ch 249, §1101.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1102 - Statement of foreign qualification.

48-7A-1102.Statement of foreign qualification.
(a) Before transacting business in this state, a foreign limited liability partnership must file a statement of foreign qualification in the Office of the Secretary of State. Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document. The statement must contain:
(1)The name of the foreign limited liability partnership which satisfies the requirements of the state or other jurisdiction under whose law it is formed and ends with "Registered Limited Liability Partnership," "Limited Liability Partnership," "R.L.L.P.," "L.L. P.," "RLLP," or "LLP";
(2)The street address of the partnership's chief executive office;
(3)The information required by §59-11-6; and
(4)A deferred effective date, if any.
(b) Repealed by SL 2008, ch 275, §87.
(c) The status of a partnership as a foreign limited liability partnership is effective on the later of the filing of the statement of foreign qualification or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to subsection 48-7A-105(d) or revoked pursuant to §48-7A-1003.
(d) An amendment or cancellation of a statement of foreign qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation.
Source:
SL 2001, ch 249, §1102; SL 2008, ch 275, §87; SL 2012, ch 222, §26.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1102.1 - Amendment of statement of foreign qualification--Contents.

48-7A-1102.1. Amendment of statement of foreign qualification--Contents.
A statement of foreign qualification of a limited liability partnership is amended by filing a statement of amendment in the Office of the Secretary of State. The statement of amendment shall set forth:
(1)The name of the limited liability partnership;
(2)The date of filing the statement of foreign qualification of limited liability partnership; and
(3)The amendment to the statement of qualification.
Source:
SL 2003, ch 234, §3.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1102.2 - Cancellation of statement of foreign qualification--Contents.

48-7A-1102.2. Cancellation of statement of foreign qualification--Contents.
A statement of foreign qualification of limited liability partnership shall be cancelled by filing a statement of cancellation. The statement of cancellation shall be filed in the Office of the Secretary of State and shall set forth:
(1)The name of the limited liability partnership;
(2)The date of filing the statement of foreign qualification of limited liability partnership; and
(3)The reason for filing the statement of cancellation.
Source:
SL 2003, ch 234, §4.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1103 - Effect of failure to qualify.

48-7A-1103. Effect of failure to qualify.
(a) A foreign limited liability partnership transacting business in this state may not maintain an action or proceeding in this state unless it has in effect a statement of foreign qualification.
(b) The failure of a foreign limited liability partnership to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this state.
(c) A limitation on personal liability of a partner is not waived solely by transacting business in this state without a statement of foreign qualification.
(d) If a foreign limited liability partnership transacts business in this state without a statement of foreign qualification, the secretary of state is its agent for service of process with respect to a right of action arising out of the transaction of business in this state.
Source:
SL 2001, ch 249, §1103.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1104 - Activities not constituting transacting business.

48-7A-1104. Activities not constituting transacting business.
(a) Activities of a foreign limited liability partnership which do not constitute transacting business for the purpose of this article include:
(1)Maintaining, defending, or settling an action or proceeding;
(2)Holding meetings of its partners or carrying on any other activity concerning its internal affairs;
(3)Maintaining bank accounts;
(4)Maintaining offices or agencies for the transfer, exchange, and registration of the partnership's own securities or maintaining trustees or depositories with respect to those securities;
(5)Selling through independent contractors;
(6)Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
(7)Creating or acquiring indebtedness, with or without a mortgage, or other security interest in property;
(8)Collecting debts or foreclosing mortgages or other security interests in property securing the debts, and holding, protecting, and maintaining property so acquired;
(9)Conducting an isolated transaction that is completed within thirty days and is not one in the course of similar transactions; and
(10)Transacting business in interstate commerce.
(b) For purposes of this article, the ownership in this state of income-producing real property or tangible personal property, other than property excluded under subsection (a), constitutes transacting business in this state.
(c) This section does not apply in determining the contacts or activities that may subject a foreign limited liability partnership to service of process, taxation, or regulation under any other law of this state.
Source:
SL 2001, ch 249, §1104.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1105 - Action by attorney general.

48-7A-1105. Action by attorney general.
The attorney general may maintain an action to restrain a foreign limited liability partnership from transacting business in this state in violation of this article.
Source:
SL 2001, ch 249, §1105.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1201 - Uniformity of application and construction.

48-7A-1201. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Source:
SL 2001, ch 249, §1201.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1203 - Severability clause.

48-7A-1203. Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source:
SL 2001, ch 249, §1203.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1206 - Applicability.

48-7A-1206. Applicability.
(a) Before July 1, 2001, this chapter governs only a partnership or limited liability partnership formed before July 1, 2001, that elects, as provided by subsection (c), to be governed by this chapter.
(b) On and after July 1, 2001, this chapter governs all partnerships and limited liability partnerships.
(c) Before July 1, 2001, a partnership voluntarily may elect, in the manner provided in its partnership or limited liability partnership agreement or by law for amending the partnership agreement, to be governed by this chapter. The provisions of this chapter relating to the liability of the partnership's partners or limited liability partnership's partners to third parties apply to limit those partners' liability to a third party who had done business with the partnership within one year before the partnership's election to be governed by this chapter, or under prior law, only if the third party knows or has received a notification of the partnership's election to be governed by this chapter.
Source:
SL 2001, ch 249, §1206.
2023 South Dakota Codified Laws › Title 48 - Partnerships › Chapter 07A - Uniform Partnership Act › Section 48-7A-1208 - Filing fees.

48-7A-1208. Filing fees.
The provisions of §1-8-10 notwithstanding, the fee for filing the statements and reports provided for in the following sections with the secretary of state is as follows:
(1)Section 48-7A-303, Statement of Authority, one hundred twenty-five dollars;
(2)Section 48-7A-304, Statement of Denial, ten dollars;
(3)Section 48-7A-704, Statement of Dissociation, ten dollars;
(4)Section 48-7A-805, Statement of Dissolution, ten dollars;
(5)Section 48-7A-907, Statement of Merger, sixty dollars;
(6)Section 48-7A-1001, Statement of Qualification, one hundred twenty-five dollars;
(6A)Section 48-7A-1001, Statement of Change, ten dollars;
(7)Section 48-7A-1003, Annual Report, fifty dollars. Each limited liability partnership, domestic or foreign, that does not file or refuses to file its annual report within the time prescribed is subject to a penalty of fifty dollars to be assessed by the secretary of state;
(8)Section 48-7A-1001.1, Statement of Amendment, fifteen dollars;
(9)Section 48-7A-1001.2, Statement of Cancellation, ten dollars;
(10)Section 48-7A-1102, Statement of Foreign Qualification, one hundred twenty-five dollars;
(11)Section 48-7A-1102.1, Statement of Amendment of Foreign Qualification, fifteen dollars;
(12)Section 48-7A-1102.2, Statement of Cancellation, ten dollars; and
(13)Filing any other statement, ten dollars.
Source:
SL 2001, ch 249, §1208; SL 2003, ch 8, §28; SL 2003, ch 234, §5; SL 2006, ch 228, §11; SL 2009, ch 4, §23; SL 2016, ch 2, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-2 - Election of public utilities commissioners--Qualifications and term of office--Vacancies.

49-1-2. Election of public utilities commissioners--Qualifications and term of office--Vacancies.
The Public Utilities Commission shall be comprised of three commissioners. Each commissioner shall be elected from, and represent, the state at large. At each general election there shall be elected one Public Utilities Commissioner having the qualifications prescribed by law. Each commissioner shall hold office for a term of six years from the first Tuesday after the first Monday in January following his election, until his successor is elected and qualified.
Source:
SDC 1939, §52.0102; SL 1992, ch 325, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-3 - Qualifications of commissioners--Age and residence--Interest in companies prohibited.

49-1-3. Qualifications of commissioners--Age and residence--Interest in companies prohibited.
No person is eligible to hold the office of Public Utilities Commissioner except a citizen of the United States, a qualified voter of this state who has attained the age of twenty-five years and has resided within this state for at least two years next preceding his election, and who is not the owner of any bonds or stocks in any company, or in the employment of or in any manner pecuniarily interested in any company, of which the Public Utilities Commission has supervision.
Source:
SDC 1939, §52.0104; SL 1992, ch 325, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-4 - Duties of commissioners--Sessions of Public Utilities Commission--Removal.

49-1-4. Duties of commissioners--Sessions of Public Utilities Commission--Removal.
Each Public Utilities Commissioner during his term of office shall devote his entire time and attention to the duties of his office. The Public Utilities Commission shall remain in continuous session at its office at the state capital except when necessarily absent in the performance of its duties. If any public utilities commissioner fails to comply with the provisions of this section, it is cause for his removal by the Governor.
Source:
SDC 1939, §52.0107; SL 1992, ch 325, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-5 - Vacancies in office of commissioner--Appointment by Governor--Term of appointment.

49-1-5. Vacancies in office of commissioner--Appointment by Governor--Term of appointment.
If a vacancy occur in the office of Public Utilities Commissioner from death, resignation, or otherwise, the Governor of the state shall make a temporary appointment to fill such vacancy, but the person so appointed shall hold such office only until the next general election and until his successor is elected and qualified. Notwithstanding such appointment, there shall be chosen at the next general election after such vacancy occurs in such office, a public utilities commissioner to fill such vacancy, who shall hold his office only for the unexpired term of the person originally elected thereto.
Source:
SDC 1939, §52.0103.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-6 - Oath and bond of commissioners.

49-1-6. Oath and bond of commissioners.
Each Public Utilities Commissioner shall take and subscribe the same oath as required of other state officers, and shall be included in the state employees' blanket bond in the penal sum of five thousand dollars conditioned for the faithful performance of his duties.
Source:
SDC 1939, §52.0105; SL 1983, ch 13, §28.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-7 - Salary of commissioners.

49-1-7. Salary of commissioners.
The annual salary of each member of the Public Utilities Commission shall be set by the Bureau of Human Resources in accordance with the provisions of chapter 3-6D.
Source:
SDC 1939, §52.0106; SL 1945, ch 216; SL 1947, ch 234, §1; SL 1951, ch 257; SL 1953, ch 279; SL 1955, ch 226; SL 1957, ch 268; SL 1961, ch 264; SL 1963, ch 294; SL 1965, ch 260; SL 1968, ch 196, §1; SL 1972, ch 16, §12; SL 1974, ch 31, §10; SL 1977, ch 6, §10; SL 1978, ch 24, §12; SL 1980, ch 9, §7; SL 1981, ch 3, §9; SL 1982, ch 6, §7; SL 1983, ch 2, §10; SL 1984, ch 2, §7; SL 1985, ch 3, §10; SL 1986, ch 11, §10; SL 1988, ch 8, §11; SL 1989, ch 7, §6; SL 1991, ch 2, §7; SL 1992, ch 29, §2; SL 2012, ch 23, §100.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-8 - Creation of Public Utilities Commission--Secretary--Seal.

49-1-8. Creation of Public Utilities Commission--Secretary--Seal.
The Public Utilities Commissioners who are elected shall constitute a commission to be known and designated as the Public Utilities Commission of the State of South Dakota. The members of the commission shall elect a chairperson by majority vote and prescribe his duties. The commission shall have an official seal, which shall be judicially noticed.
Source:
SDC 1939, §§52.0108, 52.0109; SL 1991, ch 380, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-8.1 - Commission continued as separate department.

49-1-8.1. Commission continued as separate department.
The Public Utilities Commission is hereby continued as a separate department and budget unit and, except as provided by §§1-51-11 and 37-22-1, shall retain all its prescribed functions, including administrative functions.
Source:
SL 1973, ch 2, §59; SL 2003, ch 272 (Ex. Ord. 03-1), §§32, 117; SL 2006, ch 231, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-8.2 - Executive director--Appointment--Duties--Signature on behalf of commission.

49-1-8.2. Executive director--Appointment--Duties--Signature on behalf of commission.
The Public Utilities Commission may appoint an executive director who shall serve at the pleasure of the commission. The executive director shall serve as the chief administrative officer of the commission and shall be directly responsible to all the members of the commission. The executive director shall carry out those functions that have been delegated to him by the commission or any of its members. The executive director may sign all orders, tariffs, and other documents on the commission's behalf and at the request of the commission after their review. At the time of signature the executive director shall indicate on the face of the document that he has been authorized to sign the document at the request of the commission or individual members. The executive director may not conduct or administer the office so as to discriminate against any of the commission members.
Source:
SL 1979, ch 308; SL 1983, ch 333, §1; SL 1991, ch 380, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-9 - Proceedings before commission--Quorum--Disqualification.

49-1-9. Proceedings before commission--Quorum--Disqualification.
Such Public Utilities Commission may in all cases conduct its proceedings, when not otherwise particularly prescribed by law, in such manner and places as will best conduce to the proper dispatch of business and to the ends of justice.
A majority of the commissioners shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceeding in which he has any conflict of interest or if he is temporarily incapacitated. If a commissioner determines that he is incapacitated or disqualified from participating for any reason in any hearing or proceeding, he shall certify that determination to the Governor, or if the character of the incapacity of any commissioner is such that he is unable to certify his incapacity to the Governor, the commission may make such certification. In the event of any such certification, the Governor shall then appoint an elected constitutional officer, other than the attorney general, to act as a member of the commission in place of the disqualified or incapacitated commissioner for the purpose of such hearing or proceeding only.
Source:
SDC 1939, §52.0109; SL 1977, ch 386.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-9.1 - Providing false or misleading information to commission as misdemeanor.

49-1-9.1. Providing false or misleading information to commission as misdemeanor.
No person may knowingly provide false or misleading information to the commission in response to, or in compliance with, any statute, order, tariff, rule, direction, demand, or requirement of the commission. A violation of this section is a Class 1 misdemeanor. Each separate act of providing false or misleading information pursuant to this section constitutes a separate offense. This penalty is in addition to any other authorized penalties.
Source:
SL 2004, ch 281, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-10 - Hearings before commission--Oaths.

49-1-10. Hearings before commission--Oaths.
Any party may appear before the Public Utilities Commission and be heard in person or by attorney. Every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before the commission.
Source:
SDC 1939, §52.0109.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-11 - Rules of commission.

49-1-11. Rules of commission.
The Public Utilities Commission may promulgate rules pursuant to chapter 1-26 concerning:
(1)Procedures for filing and cancelling tariffs, and information required to be included in tariffs;
(2)Procedures and requirements for filing and acting upon complaints;
(3)Procedures and requirements for filing applications for new or revised rates or tariff changes;
(4)Regulation of proceedings before the commission, including forms, notices, applications, pleadings, orders to show cause and the service thereof, all of which shall conform to those used in South Dakota courts;
(5)Procedures for obtaining a declaratory ruling and action on petitions for a declaratory ruling;
(6)Procedures and requirements for handling confidential information and determining whether information should be protected as confidential; and
(7)Procedures for communicating with the commissioners.
Source:
SDC 1939, §52.0109; SL 1986, ch 22, §21; SL 1990, ch 371, §1; SL 1991, ch 380, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-12 - Records of official actions--Proceedings open to public.

49-1-12. Records of official actions--Proceedings open to public.
Every vote and official action of the Public Utilities Commission shall be entered of record. The proceedings of the Public Utilities Commission are open to the public as prescribed in chapter 1-25 when the Public Utilities Commission is exercising its regulatory or adjudicatory authority pursuant to Title 49.
Source:
SDC 1939, §52.0109; SL 1991, ch 380, §4; SL 2013, ch 235, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-12.1 - Discussions on internal management not subject to chapter 1-25.

49-1-12.1. Discussions on internal management not subject to chapter 1-25.
The Public Utilities Commission is not subject to the requirements of chapter 1-25 when one or more commissioners are meeting among themselves or staff to discuss the internal management of the Public Utilities Commission regarding such things as:
(1)Planning or developing activities or proposed legislation;
(2)Organizing the internal structure of the Public Utilities Commission;
(3)Selecting, appointing, promoting, removing or managing personnel;
(4)Developing reports; or
(5)Developing budgets and expending funds.
Source:
SL 2013, ch 235, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-13 - Annual report to Governor--Contents.

49-1-13. Annual report to Governor--Contents.
The Public Utilities Commission shall annually make a report of its activities to the Governor, at the time and in the manner prescribed by law for other state officers, containing the facts, statements, and explanations deemed necessary by the commission to fully disclose its transactions and conduct.
The commission shall include among other matters, in its annual report the extent such regulation is conferred upon the commission by chapter 49-34A, the following:
(1)A complete financial report of receipts and expenditures, including a list of the regulated utilities and the total amount of fees and assessments paid by each;
(2)A list of the applications, subject, and disposition of each docket number assessed by the commission.
Source:
SDC 1939, §52.0110; SL 1982, ch 14, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-14 - Attorney general as adviser to commission--Suits by commission.

49-1-14. Attorney general as adviser to commission--Suits by commission.
The attorney general shall at all times, when requested, give the Public Utilities Commission such counsel and advice as they may from time to time require; and it shall be his duty to institute and prosecute, whenever requested by the Public Utilities Commission, any and all suits which such commission may deem it expedient and proper to institute, and he shall render to such commission such counsel, advice, and opinions in writing when requested, as are necessary to carry out the provisions of this title or any law of this state, according to the true intent and meaning thereof.
Source:
SDC 1939, §52.0253.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-15 - Assistant attorneys general to serve commission exclusively.

49-1-15. Assistant attorneys general to serve commission exclusively.
The attorney general may, with the approval of the Public Utilities Commission, appoint one or more assistant attorneys general to serve the Public Utilities Commission and work exclusively for the commission.
Source:
SDC 1939, §52.0253; SL 1976, ch 291; SL 1991, ch 380, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-16 - Duties of state's attorneys.

49-1-16. Duties of state's attorneys.
It shall be the duty of the state's attorney of any county in which suit is instituted, or prosecuted pursuant to §49-1-14, to aid in the prosecution of the same to a final issue upon the request of the Public Utilities Commission or the attorney general.
Source:
SDC 1939, §52.0253.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-18 - Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office.

49-1-18. Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office.
Any Public Utilities Commissioner who intentionally neglects or refuses to perform the duties imposed upon him by this title, is guilty of a Class 2 misdemeanor and in addition to the punishment provided by law, he shall upon conviction forfeit his office.
Source:
SDC 1939, §52.9904; SL 1983, ch 15, §95.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01 - Public Utilities Commission › Section 49-1-19 - Appeals from commission.

49-1-19. Appeals from commission.
All appeals from any determination, decision, or order of the Public Utilities Commission shall be conducted in the manner prescribed by chapter 1-26.
Source:
SL 1983, ch 332, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-1 - Purpose of fund.

49-1A-1. Purpose of fund.
It is hereby declared to be in the public interest, in order to permit full and adequate regulation of public utilities as defined in chapter 49-34A, and telecommunications companies as defined in subdivision 49-31-1(28), to establish a fund known as the South Dakota Public Utilities Commission gross receipts tax fund.
Source:
SL 1975, ch 112, §1; SL 1976, ch 292, §1; SL 1991, ch 381, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-2 - Gross receipts tax fund established.

49-1A-2. Gross receipts tax fund established.
There is hereby established the South Dakota Public Utilities Commission gross receipts tax fund to be maintained as a special fund by the treasurer of the State of South Dakota. The fund shall be invested as provided by law and the interest earned shall be credited to the fund.
Source:
SL 1975, ch 112, §2; SL 1991, ch 381, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-3 - Annual intrastate gross receipts tax levied--Amount.

49-1A-3. Annual intrastate gross receipts tax levied--Amount.
There is hereby levied on each public utility as defined in subdivision 49-34A-1(12), which is subject to the rate regulation of the commission, and all telecommunications companies as defined in subdivision 49-31-1(26), a tax of not more than .0015 or two hundred fifty dollars, whichever is greater upon the annual intrastate gross receipts derived by the public utility or telecommunications company from its customers within the State of South Dakota during the preceding calendar year. The two hundred fifty dollar minimum gross receipt tax does not apply to telecommunications companies providing local exchange service as defined in subdivision 49-31-1(13) or to radio common carriers.
Source:
SL 1975, ch 112, §3; SL 1976, ch 292, §2; SL 1982, ch 324, §§1, 2; SL 1988, ch 375, §28; SL 1991, ch 381, §4; SL 1994, ch 352, §1; SL 1996, ch 271; SL 2003, ch 235, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-4 - Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment.

49-1A-4. Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment.
On April first of each year, each company shall file with the Public Utilities Commission, on forms prescribed by the commission, the amount of its gross receipts derived from the company's customers within the State of South Dakota during the preceding calendar year. Such report shall be sworn to and verified by an officer of the company. On May first of each year the commission shall, by order, establish the rate and assess the tax authorized in §49-1A-3 which, together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum gross receipt tax, will fund the commission's budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year's budget.
Source:
SL 1975, ch 112, §4; SL 1991, ch 381, §5; SL 1994, ch 352, §2; SL 2003, ch 235, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-5 - Tax payment date.

49-1A-5. Tax payment date.
The tax levied by this chapter is due and payable to the state treasurer on July fifteenth of each year.
Source:
SL 1975, ch 112, §5; SL 1983, ch 334, §2; SL 1985, ch 372; SL 1994, ch 352, §3; SL 2003, ch 235, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-6 - Penalty for late payment--Collection procedure.

49-1A-6. Penalty for late payment--Collection procedure.
If the tax levied under this chapter is not paid on the due date, a penalty of ten percent of the amount of the tax shall be imposed for each month of such delinquency. The tax may be enforced and collected by distress and sale of the personal property of such company in the same manner as is provided for the collection of mobile home taxes pursuant to chapter 10-22.
Source:
SL 1975, ch 112, §6; SL 1992, ch 80, §218; SL 1994, ch 352, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-7 - Use of fund for utilities and telecommunications companies regulation expenses--Payment on warrants--Expenditure authorized.

49-1A-7. Use of fund for utilities and telecommunications companies regulation expenses--Payment on warrants--Expenditure authorized.
All amounts deposited in the South Dakota Public Utilities Commission gross receipts tax fund are appropriated to the use of the Public Utilities Commission for its expenses in regulating public utilities as defined in chapter 49-34A and telecommunications companies as defined in subdivision 49-31-1(26). Such expenses may be paid out of the fund on warrants drawn by the state auditor upon duly itemized vouchers. The funds necessary for such expenses are hereby authorized to be expended. The funds may not be expended for any other operations of state government.
Source:
SL 1975, ch 112, §7; SL 1976, ch 292, §3; SL 1979, ch 309, §1; SL 1991, ch 381, §6; SL 2003, ch 235, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-8 - South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount.

49-1A-8. South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount.
There is created a special fund within the state treasury to be known as the South Dakota Public Utilities Commission Regulatory Assessment Fee fund. The Public Utilities Commission may require a public utility as defined in §49-34A-1 to make a deposit of up to five hundred thousand dollars when it files for approval of a general rate case, regardless of the number of issues involved. The commission may require a deposit of up to fifty thousand dollars for the filing of a tariff for approval under the provisions of §§49-34A-4 and49-34A-25.1 to 49-34A-25.4, inclusive, or makes a filing pursuant to §§49-34A-97 to 49-34A-100, inclusive. The deposits shall be made to the South Dakota Public Utilities Commission Regulatory Assessment Fee fund, the amount to be designated by commission order. The interest earned on monies in the fund are to be credited to the fund.
Source: SL 1976, ch 296, §12; SL 1982, ch 325; SL 1986, ch 392; SL 1991, ch 381, §7; SL 1994, ch 352, §5; SL 2006, ch 239, §5; SL 2007, ch 272, §5; SL 2011, ch 204, §1; SL 2023, ch 155, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-9 - Deposit used to defray analyzing and ruling expenses--Payment on warrants.

49-1A-9. Deposit used to defray analyzing and ruling expenses--Payment on warrants.
The amount deposited under §49-1A-8 or 49-31-12.6 shall be used by the Public Utilities Commission to defray the expense incident to analyzing and ruling upon the filing of the company making the deposit and the amount expended may be recovered as an immediate adjustment to rates by the company. The deposit is appropriated to the use of the Public Utilities Commission for such purpose. Such expenses may be paid out of the fund on warrants drawn by the state auditor upon duly itemized vouchers, and the funds necessary for such expenses are continuously appropriated.
Source:
SL 1976, ch 296, §13; SL 1979, ch 309, §2; SL 1991, ch 381, §8; SL 1994, ch 352, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-10 - Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal.

49-1A-10. Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal.
The Public Utilities Commission shall keep and maintain a detailed record of the amount expended from each deposit by each company making a deposit pursuant to §49-1A-8 or 49-31-12.6. Upon the final decision of the Public Utilities Commission, the commission shall make a determination as to the surplus or deficiency 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 or charged to such company. The company making the deposit may thereafter within thirty days file with the commission objections setting out the grounds upon which it is claimed that an excessive amount has been expended. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be returned or charged to the company. The order may be appealed pursuant to chapter 1-26.
Source:
SL 1976, ch 296, §14; SL 1991, ch 381, §9; SL 1994, ch 352, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund › Section 49-1A-11 - Actual costs assessed to electric or gas utility or to a utility's supplier.

49-1A-11. Actual costs assessed to electric or gas utility or to a utility's supplier.
If an electric utility or gas utility, as defined in subdivisions 49-34A-1(7) and 49-34A-1(9), respectively, or any person providing or who proposes to provide wholesale electric or gas service to an electric or gas utility for resale, which is exempt from payment of the gross receipts tax fund assessed under §49-1A-3, is a party to a docket before the South Dakota Public Utilities Commission, the commission may assess the actual cost to the party for its respective cost. The assessment shall be limited to actual amounts expended by the commission for commission employee time, expert witnesses, court reporter fees, document and exhibit preparation, and other necessary and related expenses incurred by the commission. The party may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the party. The order may be appealed pursuant to chapter 1-26.
Source:
SL 1991, ch 381, §10; SL 1994, ch 352, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-1 - Contract of carriage of messages.

49-2-1. Contract of carriage of messages.
The contract of carriage is one for the conveyance of messages from one place to another.
Source:
SDC 1939, §8.0101; SL 1979, ch 307, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-2 - Common carrier of messages defined.

49-2-2. Common carrier of messages defined.
Everyone who offers to the public to carry messages is a common carrier.
Source:
SDC 1939, §8.0801; SL 1979, ch 307, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-4 - Duty of carrier to accept freight.

49-2-4. Duty of carrier to accept freight.
A common carrier must, if able, accept and carry whatever is offered, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry.
Source:
SDC 1939, §8.0802.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-6 - Preference to federal and state governments.

49-2-6. Preference to federal and state governments.
A common carrier must always give a preference in time and may give a preference in price to the United States and to this state.
Source:
SDC 1939, §8.0804.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-7 - Contractual limitation of duties--General notice.

49-2-7. Contractual limitation of duties--General notice.
The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract.
Source:
SDC 1939, §8.0806.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-9 - Disclaimer of liability--Willful, wanton, or fraudulent conduct.

49-2-9. Disclaimer of liability--Willful, wanton, or fraudulent conduct.
A common carrier cannot be exonerated from liability for willful or wanton misconduct, fraud, or willful wrong of himself or his servant by any agreement made in anticipation thereof.
Source:
SDC 1939, §8.0807.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-10 - Compensation of carrier.

49-2-10. Compensation of carrier.
A common carrier is entitled to a reasonable compensation and no more. He may require payment in advance. If payment is refused, he may refuse to carry.
Source:
SDC 1939, §8.0805.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-11 - Rules governing carriers without reward.

49-2-11. Rules governing carriers without reward.
Carriers without reward are subject to the same rules as employees without reward unless otherwise provided by statute. They must complete any undertaking they have commenced the same as if they had received reward, unless they restore the person or thing carried to as favorable position as before carriage was commenced.
Source:
SDC 1939, §8.0103.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 02 - Carriers' Powers And Duties In General › Section 49-2-12 - Eminent domain powers.

49-2-12. Eminent domain powers.
A common carrier may exercise the right of eminent domain in acquiring right of way as prescribed by statute.
Source:
SDC 1939, §8.0801.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-2 - Regulations of Board of School and Public Lands.

49-7-2. Regulations of Board of School and Public Lands.
The rights and powers conferred by §§49-7-11 to 49-7-21, inclusive shall be subject to such reasonable terms, conditions, and regulations as the Board of School and Public Lands may prescribe.
Source:
SDC 1939, §52.0257; SL 1980, ch 321, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-11 - Pipelines that are common carriers--Exemption.

49-7-11. Pipelines that are common carriers--Exemption.
All pipelines holding themselves out to the general public as engaged in the business of transporting commodities for hire by pipeline are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapter 49-41B.
Source:
SL 1980, ch 321, §1; SL 1980, ch 328, §3; SL 1981, ch 341.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-13 - Condemnation of pipeline right-of-way--Width across school and public lands.

49-7-13. Condemnation of pipeline right-of-way--Width across school and public lands.
Any pipeline companies owning a pipeline which is a common carrier as defined by §49-7-11 may exercise the right of eminent domain in acquiring right-of-way as prescribed by statute. However, in the case of school and public lands, no right-of-way for the purpose of carriage of property by pipeline shall exceed ten feet in width but the pipeline company shall have the right to secure such land as may be reasonably required for pumps, stations, substations, tanks, or buildings necessary for the carriage of the type or kinds of property the pipeline company intends its pipeline to carry.
Source:
SL 1980, ch 321, §3.