reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-9 - Bond requirements--Violation as misdemeanor--Amount.

49-45-9. Bond requirements--Violation as misdemeanor--Amount.
Before any grain buyer license is issued by the commission, the applicant shall file with the commission a bond conditioned to secure the faithful performance of the applicant's obligations as a grain buyer and full and unreserved compliance with the laws of this state and the rules of the commission, relating to the purchase of grain by the grain buyer. The bond is for the specific purpose of protecting persons selling grain to the grain buyer. However, the bond may not benefit any person entering into a voluntary credit sale with a grain buyer. Any person who does business as a grain buyer without a bond is guilty of a Class 1 misdemeanor. Each day a person conducts the business of a grain buyer without a bond is a separate offense.
The amount of the bond for a Class A or Class B grain buyer's license shall be based on a rolling average of the dollar amount of grain purchased by the applicant in South Dakota during the last three calendar years. For a new grain buyer, the first year's bond shall be based on projected purchases. For a grain buyer with less than three years experience as a grain buyer, the bond shall be based on the average actual purchases made by the grain buyer in all of its previous years as a grain buyer or projected purchases, whichever amount is higher. The bond applies to all grain purchases for all of the grain buyer's business locations.
The amount of the bond for a Class A grain buyer's license is:
Dollar Amount of Grain Purchased
Bond Requirement
Less than $2,000,001
$50,000
$2,000,001--$5,000,000
$100,000
$5,000,001-$10,000,000
$150,000
$10,000,001-$20,000,000
$200,000
$20,000,001-$30,000,000
$250,000
$30,000,001-$40,000,000
$300,000
$40,000,001-$55,000,000
$350,000
$55,000,001-$70,000,000
$400,000
$70,000,001-$85,000,000
$450,000
$85,000,001-$100,000,000
$500,000
Bond requirements are increased twenty-five thousand dollars for each additional ten million dollars in purchases above one hundred million dollars.
The amount of the bond for a Class B grain buyer's license is:
Dollar Amount of Grain Purchased
Bond Requirement
Less than $2,000,001
$50,000
$2,000,001--$5,000,000
$100,000
The grain buyer may stipulate to a higher bond amount requested by the commission or may post additional security in another form.
Source:
SL 1985, ch 376, §75; SL 1994, ch 359, §8; SL 1996, ch 277, §1; SL 2008, ch 251, §7; SL 2009, ch 248, §2; SL 2013, ch 238, §12, eff. Apr. 1, 2013; SL 2018, ch 268, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-9.1 - Filing of financial documents in lieu of bond.

49-45-9.1. Filing of financial documents in lieu of bond.
If the commission determines, because a corporate surety company becomes insolvent or ceases to write grain buyer bonds in this state, that a bond in the sum required by §49-45-9 cannot be executed, or if a grain buyer is in the process of chapter 11 reorganization and a bond cannot be obtained, the commission may authorize the filing of other financial documents in lieu of a corporate surety bond.
Source:
SL 2008, ch 251, §8; SL 2009, ch 249, §1, eff. Mar. 11, 2009.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-10 - Payment for grain by buyer.

49-45-10. Payment for grain by buyer.
A grain buyer shall pay the purchase price to the owner or the owner's agent for grain upon delivery or demand of the owner or agent unless payment is to be made in accordance with the terms of a voluntary credit sale which complies with the requirements of this chapter and rules promulgated thereto. Full payment of any cash purchase shall be made by the grain buyer within thirty days of final delivery.
Source:
SL 1985, ch 376, §75A; SL 2008, ch 251, §9; SL 2013, ch 238, §13, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-10.1 - Uniform scale tickets or receipts.

49-45-10.1. Uniform scale tickets or receipts.
Upon receiving grain, a grain buyer shall issue to the seller an original uniform scale ticket or comparable receipt for each load of grain received. Tickets or receipts shall be numbered consecutively and a copy of each ticket or receipt shall be retained for six years.
Source:
SL 2008, ch 251, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-11 - Voluntary credit sales.

49-45-11. Voluntary credit sales.
Each voluntary credit sale of grain entered into by a grain buyer shall be in writing and shall have a settlement date. If a grain buyer meets the requirements set forth in §57A-2-201(3)(d)(iii) when entering into a voluntary credit sale contract with a seller, the in writing requirement is considered met. The commission may, by rules promulgated pursuant to chapter 1-26, prescribe the form and content of the writings. If a grain buyer's license is terminated or not renewed, the grain buyer shall pay for grain subject to a voluntary credit sale within ten days after the license expiration date.
Source:
SL 1985, ch 376, §76; SL 2008, ch 251, §11; SL 2015, ch 236, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-13 - Inspection of buyers' facilities--Examination of books--Subpoena power.

49-45-13. Inspection of buyers' facilities--Examination of books--Subpoena power.
The commission shall cause the business facilities of every grain buyer, whether licensed or unlicensed, to be inspected at such times as the commission considers necessary. The inspector shall report in writing to the commission the result of the examination. The inspector may at any time during business hours enter any structure, vehicle, or enclosure in which the books or accounts of any grain buyer are kept, and may examine all the books, accounts, and electronic records relating to the transactions of the grain buyer either within or without the state. The commission may, in all matters arising under this chapter, exercise the power of subpoena and examine witnesses in accordance with chapter 1-26.
Source:
SL 1985, ch 376, §78; SL 2008, ch 251, §12; SL 2011, ch 211, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-13.1 - Memorandum of adjustments--Civil fine for failure to comply.

49-45-13.1. Memorandum of adjustments--Civil fine for failure to comply.
Upon completing an inspection, an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memorandum goes uncorrected may be considered a separate offense.
Source:
SL 2008, ch 251, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-14 - Reports by buyers--Public inspection not permitted--Violation as misdemeanor.

49-45-14. Reports by buyers--Public inspection not permitted--Violation as misdemeanor.
Every grain buyer licensed in this state shall, at such times as the commission requires, furnish the commission on forms prepared by the commission, reports showing the facts and information required by the commission. The reports are not for public inspection, but the commission may, upon request, furnish the total of the figures shown on such reports if the figures requested are for not less than four grain buyers. The commission may also require that a grain buyer provide any other documents and information regarding the business of the grain buyer. None of the documents and information obtained through the licensing and inspection processes are subject to public inspection. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1985, ch 376, §79; SL 2008, ch 251, §14; SL 2013, ch 238, §15, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-16 - Grounds for suspension of grain buyer's license--Hearing--Revocation.

49-45-16. Grounds for suspension of grain buyer's license--Hearing--Revocation.
The commission may immediately suspend the license of a grain buyer and the grain buyer shall surrender the license to the commission if:
(1)The grain buyer refuses, neglects, or is unable, upon proper demand, to redeem any scale ticket issued by the grain buyer, through redelivery or cash payment;
(2)The grain buyer 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 grain buyer as debtor; or
(4)The grain buyer 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 grain buyer.
Within fifteen days the grain buyer 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.
Source:
SL 1989, ch 404, §5; SL 2008, ch 251, §15; SL 2011, ch 211, §10; SL 2013, ch 238, §16, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-16.1 - Receiver--Powers and duties.

49-45-16.1. Receiver--Powers and duties.
If the commission determines that it is necessary, the commission may apply to the circuit court in the county in which the grain buyer operates or operated for that court to appoint a receiver. The receiver shall have such powers and duties as the court may direct.
Source:
SL 2011, ch 211, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-17 - Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.

49-45-17. 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 grain buyer, 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 1989, ch 404, §6; SL 2008, ch 251, §16; SL 2011, ch 211, §12; SL 2012, ch 232, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-18 - Audit of scale tickets--Certification of quantity and class of grain.

49-45-18. Audit of scale tickets--Certification of quantity and class of grain.
If the commission becomes aware of any act by any grain buyer as described in §49-45-16, the commission may:
(1)Undertake an immediate audit and verify the names and addresses of all outstanding 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 the grain buyer bond, if any, held by such grain buyer.
Source:
SL 1989, ch 404, §7; SL 2008, ch 251, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-19 - Grain buyer license—Revocation—Filing of claims.

49-45-19. Grain buyer license—Revocation—Filing of claims.
Upon the revocation of a grain buyer license, any claim against the grain buyer arising under this chapter must be made in writing and filed with the commission, within ninety days after receiving notice of the revocation.
Upon the revocation of a grain buyer license, the commission shall:
(1)Once each week for two consecutive weeks, publish notice of the revocation in:
(a)A newspaper of general circulation in each county in which the grain buyer maintains a business location; and
(b)A newspaper of general circulation within the state; and
(2)Send, by certified mail, to each scale ticket holder named in an audit prepared pursuant to §49-45-18, a notice of revocation that includes:
(a)The name and address of the grain buyer;
(b)The effective date of the revocation;
(c)The name and address of the surety on the grain buyer bond; and
(d)A statement that any claims against the grain buyer must be made in writing and sent by ordinary mail to the commission, within ninety days after receiving notice of the revocation.
Source: SL 1989, ch 404, §8; SL 1992, ch 332, §7; SL 2008, ch 251, §18; SL 2017, ch 200, §6; SL 2022, ch 176, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-21 - Commission authorized to contract for inspection of grain buyers' assessment and checkoff records.

49-45-21. Commission authorized to contract for inspection of grain buyers' assessment and checkoff records.
The commission may contract with the Wheat Commission pursuant to §38-10-41, with the South Dakota Oilseeds Council pursuant to §38-27-19, the Soybean Research and Promotion Council pursuant to §38-29-14, the South Dakota Corn Utilization Council pursuant to §38-32-24, and the South Dakota Pulse Crop Council pursuant to §38-34-21. Under the terms of any such contract, the commission may inspect the records of licensed grain buyers to determine compliance with assessment and checkoff requirements imposed by chapters 38-10, 38-27, 38-29, and 38-32 and the provisions of chapter 38-34.
Source:
SL 1996, ch 245, §5; SL 2005, ch 214, §22; SL 2008, ch 251, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-22 - Class A license requirements--Violation as misdemeanor.

49-45-22. Class A license requirements--Violation as misdemeanor.
A grain buyer with a Class A license shall keep all company owned grain in the grain buyer's possession insured at current market value of the grain against loss by fire, windstorm, and extended coverage risks. The grain buyer shall furnish the commission with proof of the insurance when the grain buyer applies for a license. A grain buyer with a Class A license shall submit a quarter-ending balance sheet to the commission for inspection within thirty days of the end of each quarter. The balance sheet reports shall be based on each grain buyer's fiscal year. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2008, ch 251, §20; SL 2018, ch 268, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-23 - Records of grain purchased and contracts.

49-45-23. Records of grain purchased and contracts.
A grain buyer shall keep all records of grain purchased and all contracts issued and canceled in a safe place. The records shall be kept current and open for inspection by the commission. Each record shall be retained for a period of six years.
Source:
SL 2008, ch 251, §21.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-24 - Notice of destruction of or damage to facility.

49-45-24. Notice of destruction of or damage to facility.
A grain buyer shall notify the commission, within twenty-four hours, if the facility of a facility-based grain buyer is destroyed or substantially damaged.
Source:
SL 2008, ch 251, §22.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-25 - Grain buyer's financial condition--Notice to commission--Penalty--Civil fine.

49-45-25. Grain buyer's financial condition--Notice to commission--Penalty--Civil fine.
If during the licensing period a grain buyer becomes aware that the grain buyer is not in compliance with each financial standard, as set forth in the commission's rules, the grain buyer shall immediately notify the commission of the grain buyer's financial condition. When notification occurs, the commission shall immediately conduct an examination to determine if any grounds for suspension pursuant to §49-45-16 have occurred.
A willful violation of this section that results in a financial loss to a grain supplier is punishable as theft under chapter 22-30A.
A willful violation that does not result in a financial loss to a grain supplier is a Class 1 misdemeanor.
The commission may assess, against an out-of-compliance grain buyer, a civil fine in an amount not to exceed one thousand dollars for each day the grain buyer has been out of compliance, up to a maximum of twenty thousand dollars per licensing period, as set forth in §49-45-3.
Source: SL 2013, ch 238, §17, eff. Apr. 1, 2013; SL 2022, ch 174, §5; SL 2022, ch 177, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-26 - Provision of requested records--Penalty--Civil fine.

49-45-26. Provision of requested records--Penalty--Civil fine.
A grain buyer, the owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, whether licensed or unlicensed, who or that purchases grain in this state, shall, within five working days of an inspector's request, provide to the inspector, at a licensed location within this state or at the offices of the commission, all books, accounts, and electronic records relating to the transactions of the grain buyer, either within or outside the state.
A willful violation of this section is a Class 1 misdemeanor.
The commission may assess a civil fine in an amount not to exceed one thousand dollars for each day requested materials are withheld, up to a maximum of twenty thousand dollars per licensing period, as set forth in §49-45-3.
Source: SL 2013, ch 238, §18, eff. Apr. 1, 2013; SL 2022, ch 174, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-27 - Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.

49-45-27. Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.
The owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, who is responsible for any violation of this chapter by a grain buyer is subject to any criminal penalty that applies to a grain buyer under the provisions of this chapter.
Source:
SL 2013, ch 238, §19, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-28 - Parent company furnishing financial statements responsible for financial obligations of licensed entity.

49-45-28. Parent company furnishing financial statements responsible for financial obligations of licensed entity.
If an applicant for a grain buyer license that is a subsidiary of a parent company submits the financial statements of the parent company, the parent company furnishing the financial statements is responsible for all the financial obligations incurred by the licensed entity related to the purchase and storage of grain, including any voluntary credit sale contract.
Source:
SL 2013, ch 238, §20, eff. Apr. 1, 2013; SL 2015, ch 236, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-29 - Grain broker--Prohibited activities--Penalty--Civil fine.

49-45-29. Grain broker--Prohibited activities--Penalty--Civil fine.
It is a Class 5 felony for a grain broker to:
(1)Negotiate or attempt to negotiate a grain transaction with a grain buyer, who is not licensed in accordance with this chapter; or
(2)Take title or attempt to take title to grain that is subject to a transaction being negotiated by the grain broker.
The commission may assess a civil fine against a grain broker in the amount of five thousand dollars for each violation of this section, up to a maximum fine of fifty-thousand dollars, annually.
Source: SL 2022, ch 175, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 46 - Residential Conservation Of Energy › Section 49-46-1 - Definition of terms.

49-46-1. Definition of terms.
Terms used in this chapter mean:
(1)"Covered utility," in any calendar year a public utility which during the second preceding calendar year, had either sales of natural gas, for purposes other than resale, which exceeded ten billion cubic feet, or sales of electric energy, for purposes other than resale, which exceeded seven hundred fifty million kilowatt-hours;
(2)"Eligible customer," a person who receives a fuel bill from a covered utility and who owns or occupies a residential building containing at least one but not more than four dwelling units;
(3)"Office," the Governor's Office of Economic Policy;
(4)"Program," residential conservation service program.
Source:
SL 1981, ch 345, §1; SL 1991, ch 16, §4; SL 1994, ch 410 (Ex. Ord. 93-9), §18.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 46 - Residential Conservation Of Energy › Section 49-46-2 - Rules for development and implementation of program--Submission of program plan to federal Department of Energy.

49-46-2. Rules for development and implementation of program--Submission of program plan to federal Department of Energy.
The office may promulgate, monitor and enforce rules pursuant to chapter 1-26 for the development and implementation of a residential conservation service program in furtherance of the National Energy Conservation Policy Act, 42 USC 8201, et seq. The office shall submit to the United States Department of Energy a state plan describing the requirements of the program, as required by the federal law described in this section.
Source:
SL 1981, ch 345, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 46 - Residential Conservation Of Energy › Section 49-46-3 - Utilities' duties--Liability for violations.

49-46-3. Utilities' duties--Liability for violations.
All covered utilities shall offer a residential energy audit to each of its eligible customers pursuant to the state plan. All covered utilities shall comply in good faith with all the provisions of the state plan. If a covered utility violates the state plan, it shall pay for all costs associated with investigation and prosecution of any complaints.
Source:
SL 1981, ch 345, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 46 - Residential Conservation Of Energy › Section 49-46-4 - Civil fine for violation by utility--Enforcement action--Venue.

49-46-4. Civil fine for violation by utility--Enforcement action--Venue.
Any covered utility that violates any mandatory provision of the state plan promulgated under this chapter is subject to a civil fine not to exceed five hundred dollars per day for each day that the covered utility is in violation. Upon the request of the office, the attorney general shall bring action to enforce the provisions of the state plan. The venue for such action is Hughes County.
Source:
SL 1981, ch 345, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 46 - Residential Conservation Of Energy › Section 49-46-5 - Liability of utility arranging loans or installation for customer.

49-46-5. Liability of utility arranging loans or installation for customer.
No covered utility that arranges for a lender to make a loan to, or an installer to perform work for an eligible customer is liable in any cause of action between such customer and such lender or installer, unless the utility is the lender or installer. No covered utility is liable to a customer for any claim arising out of a post-installation inspection required and conducted under the state plan, unless the utility is the lender, installer, or supplier.
Source:
SL 1981, ch 345, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 46 - Residential Conservation Of Energy › Section 49-46-6 - Master record of suppliers, installers and lenders--Requirements for inclusion and removal.

49-46-6. Master record of suppliers, installers and lenders--Requirements for inclusion and removal.
The office shall compile and update periodically a master record of suppliers, installers, and lenders who agree to participate in and meet the requirements of the program. The office shall follow the provisions in the state plan with regard to removal procedures from the master record. To be included in the master record, a supplier, installer, or lender shall agree to comply with the requirements for inclusion and removal contained in the state plan and may be removed by the office for failure to comply with the provisions of the state plan.
Source:
SL 1981, ch 345, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-1 - Definitions.

49-47-1. Definitions.
Terms used in this chapter mean:
(1)"Adequate remediation," corrective action by an electric utility that results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the electric utility's distribution system of fifty percent or less of the preventive action level;
(2)"Commission," the Public Utilities Commission;
(3)"Cow contact points," any two electrically conductive points that a dairy cow may, in its normal environment, unavoidably and simultaneously contact;
(4)"Electric utility" or "utility," an electric utility as defined in §49-34A-1;
(5)"Preventive action level," stray current or voltage that is either:
(a)A steady-state, root mean square (rms), alternating current (AC) of 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or
(b)A steady-state, rms, AC voltage of 1.0 volts or more, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter;
(6)"Steady-state," the value of a current or voltage after an amount of time where all transients have decayed to a negligible value;
(7)"Stray current or voltage,":
(a)Any steady-state, 60 hertz (Hz) (including harmonics thereof), root mean square (rms), alternating current (AC) of less than 20 milliamp (mA) through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or
(b)Any steady-state, 60 Hz (including harmonics thereof), rms, AC voltage of less than 10 volts, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter.
Source:
SL 2015, ch 237, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-2 - Promulgation of rules.

49-47-2. Promulgation of rules.
Within twelve months of July 1, 2015, the commission shall promulgate rules, pursuant to chapter 1-26, concerning:
(1)Acceptable standards for measurements of stray voltage;
(2)Procedures and requirements for testing used to measure stray voltage;
(3)Responsibilities of dairy producers, including notice requirements and cooperation with measuring and testing procedures conducted by electric utilities;
(4)Responsibilities of electric utilities, including response to notices from dairy producers;
(5)Tests used to detect and measure stray voltage;
(6)Qualifications of persons performing and analyzing results of stray voltage tests;
(7)Requirements for stray voltage measuring and recording equipment;
(8)Protocols for persons performing stray voltage tests; and
(9)Remediation guidelines.
The commission shall review the rules from time to time, or upon petition to the commission, to ensure that the rules adopted by the commission to establish uniform procedures and protocols continue to be the most scientifically and technologically accurate and reliable means of detecting stray current or voltage. Any measurements of stray current or voltage not made in compliance with commission rules shall be inadmissible before the commission or in any civil action. The commission rules shall be applicable to dairy producers, electric utilities, and all persons or entities involved in any way in the measurement or remediation of stray current or voltage in this state.
Source:
SL 2015, ch 237, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-3 - Notice to utility prerequisite to civil action--Utility measurements--Remedial procedures.

49-47-3. Notice to utility prerequisite to civil action--Utility measurements--Remedial procedures.
Any dairy producer in this state who claims that the producer's dairy cows are being affected by any form or type of electrical energy allegedly attributable to an electric utility including, without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil action against the utility, provide written notice of the affect to the utility. The notice shall specify why the dairy producer believes the producer's dairy cows are being affected by electrical energy attributable to the utility. Within fourteen business days of receipt of the notice, the utility shall take measurements at cow contact points at the dairy producer's dairy to identify the existence and magnitude of stray current or voltage, if any. If the utility finds a level of stray current or voltage at cow contact points in excess of the preventive action level, the utility shall promptly identify that portion, if any, of the stray current or voltage that is attributable to the utility's distribution system. If that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system exceeds fifty percent of the preventive action level, the utility shall, within seven business days, commence and diligently pursue to completion, remedial procedures which shall reduce, and are reasonably likely to sustain, that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system to fifty percent or less of the preventive action level, unless extraordinary circumstances prevent the utility from commencing remedial action within seven business days. In such case, the utility has an additional seven business days to commence and pursue to completion remedial procedures.
Source:
SL 2015, ch 237, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-4 - Complaint of failure to comply with chapter--Decision by commission.

49-47-4. Complaint of failure to comply with chapter--Decision by commission.
A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine:
(1)Whether the dairy producer has provided the requisite notice to the electric utility;
(2)Whether the dairy producer has cooperated with the electric utility to allow the utility to complete measuring and testing;
(3)Whether a utility has complied with the commission rules regarding measurement of stray current or voltage;
(4)Whether the utility's measurements demonstrated stray current or voltage at or above the preventive action level;
(5)Whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system; and
(6)Whether the utility has complied with its remediation obligation under this chapter.
After opportunity for hearing, the commission shall issue a decision finding whether this chapter has been complied with or not. If one or more provisions of this chapter have not been complied with, the commission shall order compliance within a period of time prescribed by the commission. The commission shall assess its costs associated with the complaint equally between the dairy producer and the utility.
Source:
SL 2015, ch 237, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-5 - Bad faith or harassment claims.

49-47-5. Bad faith or harassment claims.
If, after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility's actual costs of investigation. If, after hearing, the commission determines that an electric utility acted in bad faith or for purposes of harassment or delay, the commission shall require the utility to pay the dairy producer's actual costs of investigation, if any.
Source:
SL 2015, ch 237, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-6 - Civil actions.

49-47-6. Civil actions.
No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of §49-47-3, and the commission has issued an order pursuant to §49-47-4 or 49-47-5. In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of §49-47-3, and the commission has issued an order pursuant to §49-47-4 or 49-47-5, the commission's order is admissible in evidence in such civil actions. The dairy producer may commence the civil action not later than one year following the issuance of the commission's final order or one year following the completion of any appeals of the commission's final order, whichever occurs later.
Source:
SL 2015, ch 237, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-7 - Limitation of damages in civil action.

49-47-7. Limitation of damages in civil action.
In any civil action against an electric utility for damages pursuant to this chapter, a dairy producer is limited to those damages which were incurred by the dairy producer during that period of time commencing twelve months prior to the dairy producer's provision of notice to the utility and ending on the date of completion of adequate remediation, and were caused by that portion of the stray current or voltage attributable to the utility's distribution system.
Source:
SL 2015, ch 237, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 47 - Stray Electrical Current And Voltage Remediation › Section 49-47-8 - Negligence claims only permitted.

49-47-8. Negligence claims only permitted.
Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to §49-47-4 or 49-47-5, negligence per se. In determining whether the utility was negligent, the utility's conduct shall be judged using the commission rules.
Source:
SL 2015, ch 237, §8.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-1 - Appointment of members--Compensation--Qualifications--Terms.

50-2-1. Appointment of members--Compensation--Qualifications--Terms.
The commission consists of seven persons appointed by the Governor who shall receive the per diem set by §4-7-10.4 for the time actually spent in the performance of their official duties, together with traveling expenses set by rule of the Board of Finance. At least four members of the commission shall be or have been actively engaged in and have had at least one year of practical experience in civil or military aeronautics.
The term of each member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The member's term is for three years and expires on October thirtieth in the third year of the member's appointment.
Source:
SDC 1939, §2.0105; SL 1943, ch 1, §1; SL 1949, ch 3; SL 1983, ch 13, §20; SL 2010, ch 227, §2; SL 2012, ch 16, §24; SL 2013, ch 176, §17; SL 2019, ch 203, §2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-1.1 - Commission within department--Advice regarding state owned aircraft.

50-2-1.1. Commission within department--Advice regarding state owned aircraft.
The commission shall continue within the department, and all its functions shall be performed by the department as provided by §1-44-11.
The commission shall provide advice and expertise to state agencies regarding the purchase, transfer and disposition of state owned and operated aircraft including those owned or operated by any state institution.
Source:
SL 1973, ch 2, §§227, 228; SL 1974, ch 3, §33; SL 1992, ch 333, §1; SL 1997, ch 16, §4; SL 2010, ch 227, §3; SL 2014, ch 222, §2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-4 - Report to Governor.

50-2-4. Report to Governor.
On or before the thirty-first day of December, in each year, the commission shall make, to the Governor, a full report of its proceedings for the year ending the thirtieth day of June preceding and may submit with the report any recommendations pertaining to the commission's affairs as seem to the commission to be desirable.
Source:
SDC 1939, §2.0107; SL 1947, ch 1, §3; SL 1949, ch 2, §4; SL 2010, ch 227, §5; SL 2014, ch 222, §4.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-12 - Expenditures and disbursements--Approval--Purposes.

50-2-12. Expenditures and disbursements--Approval--Purposes.
The commission shall approve the expenditure and disbursement of grants or funds appropriated and available for matching purposes, and for the planning, construction, development, operation, and maintenance of airport facilities. The commission may also approve expenditures from the state aeronautics fund to support the advancement of aviation and aviation commerce within the state.
Source:
SDC 1939, §2.0108 as added by SL 1949, ch 2, §5; SDC Supp 1960, §2.0108 (7); SL 1987, ch 356, §11; SL 1997, ch 16, §5; SL 2014, ch 222, §6; SL 2018, ch 269, §4; SL 2019, ch 203, §3; SL 2020, ch 203, § 3.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-13 - Rules to be consistent with federal law.

50-2-13. Rules to be consistent with federal law.
The commission shall promulgate rules in accordance with chapter 1-26 that are consistent with federal law and regulations governing aeronautics.
Source:
SDC 1939, §2.0108; SL 1945, ch 2; SL 1949, ch 2, §5; SL 1987, ch 29, §69; SL 1987, ch 356, §12; SL 2010, ch 227, §7; SL 2014, ch 222, §7; SL 2019, ch 203, §4.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-15 - Operation of aircraft for other state departments--Reimbursement.

50-2-15. Operation of aircraft for other state departments--Reimbursement.
The commission, when its state aircraft are not being used in the conduct of the necessary activities of the department, may operate the aircraft for other departments of this state. The rate of reimbursement to the department shall be set by the Board of Finance, to fully defray the cost and expenses of rendering the service under this section.
Source:
SL 1957, ch 327, §1; SDC Supp 1960, §2.0118; SL 2010, ch 227, §9; SL 2014, ch 222, §8; SL 2019, ch 203, §5.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-16 - Special aviation internal service fund.

50-2-16. Special aviation internal service fund.
The funds received from the other departments of state government by the department shall be deposited in the state treasury in an internal service fund to be designated as the special aviation internal service fund. The department shall use the fund for the maintenance, cost of operation, repair, and other expenses in connection with the operation of its state aircraft.
Source:
SL 1957, ch 1, §1; SL 1957, ch 327, §2; SDC Supp 1960, §2.0119; SL 2010, ch 227, §10.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 02 - Aeronautics Commission › Section 50-2-17 - Accounting for use of funds.

50-2-17. Accounting for use of funds.
The department shall maintain separate accounting and limit its expenditures from the special aviation internal service fund so as to in no instance use any sum for a purpose other than that for which it has been appropriated.
Source:
SL 1957, ch 1, §2; SDC Supp 1960, §2.0119; SL 2010, ch 227, §11; SL 2014, ch 222, §9.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-2 - Constructing, maintaining, and operating airports--Assistance to local governments.

50-4-2. Constructing, maintaining, and operating airports--Assistance to local governments.
The department may, out of appropriations and other funds or grants made available, construct, maintain, and operate airports and aviation facilities, and financially assist any county, municipality, or organized township in constructing, maintaining, and operating airports and aviation facilities. The department may exercise any power or authority conferred upon municipal corporations under this title.
Source:
SDC 1939, §2.0106 as added by SL 1949, ch 2, §4; SL 1992, ch 60, §2; SL 1997, ch 16, §6; SL 2014, ch 222, §21; SL 2018, ch 269, §5; SL 2019, ch 203, §7.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-3 - Cooperation with federal agencies.

50-4-3. Cooperation with federal agencies.
The department may cooperate with any agency or department of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and aviation facilities in this state.
Source:
SDC 1939, §2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, §5; SL 1997, ch 16, §7; SL 2014, ch 222, §22; SL 2018, ch 269, §6; SL 2019, ch 203, §8.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-4 - Acceptance of contributions.

50-4-4. Acceptance of contributions.
The department may accept and receive federal grants and other funds, either public or private, for and on behalf of the state, any county, or any municipality, for the acquisition, construction, maintenance, and operation of airports and aviation facilities, whether the work is to be done by the state, a county, or a municipality, or jointly, aided by grants from the United States.
Source:
SDC 1939, §2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, §5; SL 1997, ch 16, §8; SL 2014, ch 222, §23; SL 2018, ch 269, §7; SL 2019, ch 203, §9.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-5 - Department to receive grants or funds and enter into agreements as agent of airport sponsor.

50-4-5. Department to receive grants or funds and enter into agreements as agent of airport sponsor.
The department shall act as an agent of any airport sponsor of this state upon the request of the airport sponsor, in accepting, receiving and receipting for any grants or funds for airports or other aviation purposes, and in contracting for the acquisition, construction, maintenance, or operation of airports or aviation facilities, financed either in whole or in part by federal grants. The governing body of the airport sponsor shall designate the department as its agent for purposes of this section and enter into an agreement with the department prescribing the terms and conditions of the agency.
Source:
SDC 1939, §2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, §5; SL 1997, ch 16, §9; SL 2014, ch 222, §24; SL 2018, ch 269, §8; SL 2019, ch 203, §10.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-6 - Disposition of federal grants.

50-4-6. Disposition of federal grants.
Any grant paid by the United States government under §50-4-4 or 50-4-5 shall be retained by the state or appropriated to the airport sponsor under the terms and conditions imposed by the United States government in making the grant.
Source:
SDC 1939, §2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, §5; SL 2010, ch 227, §25; SL 2019, ch 203, §11.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-7 - Airport contracts subject to contract laws.

50-4-7. Airport contracts subject to contract laws.
Any contract for the acquisition, construction, maintenance, and operation of airports or aviation facilities made by the department, either as the agent of this state or as the agent of any airport sponsor, shall be made in accordance with the laws of this state governing the making of contracts.
Source:
SDC 1939, §2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, §5; SL 1997, ch 16, §10; SL 2014, ch 222, §25; SL 2018, ch 269, §9; SL 2019, ch 203, §12.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-8 - Deposit of grants and funds in state treasury--Separate funds--Disbursement.

50-4-8. Deposit of grants and funds in state treasury--Separate funds--Disbursement.
All grants or funds accepted for disbursement by the department under §§50-4-3 to 50-4-7, inclusive, shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the grants or funds are received, kept in separate funds, designated according to the purposes for which the grants or funds were made available, and held by the state in trust for those purposes. All grants or funds are continuously appropriated for the purposes for which the grants or funds are made available, to be expended in accordance with those sections. The department may, whether acting for this state or as the agent of any airport sponsor, or if requested by any department or agency of the United States, disburse the grants or funds for their designated purposes.
Source:
SDC 1939, §2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, §5; SL 1997, ch 16, §11; SL 2014, ch 222, §26; SL 2019, ch 203, §13.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 04 - Planning And Development Of Aviation Facilities › Section 50-4-12 - Sale of aircraft fuel--Report--Violation as misdemeanor.

50-4-12. Sale of aircraft fuel--Report--Violation as misdemeanor.
Each person engaged in selling aircraft fuel to retailers or consumers at wholesale, shall, on or before the fifteenth day of each month, file a sworn statement and report with the department, upon forms provided by the department, showing the number of gallons of aircraft fuel sold in South Dakota for use in aircraft. Any person failing to file such report is guilty of a Class 2 misdemeanor.
Source:
SL 1989, ch 117, §77; SL 2010, ch 227, §29; SL 2020, ch 203, § 5.