reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-111 - Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.

49-31-111. Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
An originating carrier of nonlocal telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly accepted industry standards giving the terminating carrier information that is sufficient to identify, measure, and appropriately charge the originating carrier for services provided in terminating the nonlocal telecommunications traffic. If the originating carrier is delivering both intrastate and interstate nonlocal telecommunications traffic, the originating carrier shall separately provide the terminating carrier with accurate information including verifiable percentage measurements that enables the terminating carrier to appropriately classify nonlocal telecommunications traffic as being either interstate or intrastate, and to assess the appropriate applicable access charges. If accurate and verifiable information allowing appropriate classification of the telecommunications traffic is not provided by the originating carrier, the terminating carrier may classify all unidentified nonlocal telecommunications traffic terminated for the originating carrier as intrastate telecommunications traffic for service billing purposes.
Source:
SL 2004, ch 284, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-112 - Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver.

49-31-112. Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver.
A transiting carrier shall deliver telecommunications traffic to the terminating carrier by means of facilities and signaling protocols that enable the terminating carrier to receive from the originating carrier all signaling information, as required by §§49-31-110 and 49-31-111, the originating carrier transmits with its telecommunications traffic. If any transiting carrier fails to deliver telecommunications traffic to another transiting carrier or to the terminating carrier with all of the signaling information transmitted by the originating carrier as required by §§49-31-110 and 49-31-111, and this results in telecommunications traffic that is not identifiable and therefore not billable by the terminating carrier to the appropriate originating carrier, the transiting carrier is liable to the terminating carrier for the transport and termination or access compensation relating to the traffic that cannot be identified and billed to the appropriate originating carrier.
Source:
SL 2004, ch 284, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-113 - Transit traffic or billing records to be provided by transiting carrier.

49-31-113. Transit traffic or billing records to be provided by transiting carrier.
Upon the request of a terminating carrier, the transiting carrier shall provide detailed transit traffic records or billing records related to the telecommunications traffic delivered to the terminating carrier.
Source:
SL 2004, ch 284, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-114 - Complaint procedure--Provisional remedies.

49-31-114. Complaint procedure--Provisional remedies.
Any telecommunications carrier damaged by noncompliance with the provisions of §§49-31-109 to 49-31-115, inclusive, may file a complaint with the commission pursuant to the provisions of chapter 49-13. If a complaint is filed seeking enforcement of any of the provisions in §§49-31-109 to 49-31-115, inclusive, the commission is authorized to order interim payments to the damaged party or other appropriate relief pending the final resolution of the complaint proceeding.
Source:
SL 2004, ch 284, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-115 - Promulgation of rules.

49-31-115. Promulgation of rules.
The commission may promulgate rules pursuant to chapter 1-26 for the purpose of implementing the provisions of §§49-31-109 to 49-31-115, inclusive. The rules may address:
(1)Defining the terms used in §§49-31-109 to 49-31-115, inclusive;
(2)Signaling information requirements;
(3)Carrier information necessary to appropriately classify telecommunications traffic;
(4)The handling of complaints filed by carriers under §§49-31-109 to 49-31-115, inclusive; and
(5)Transit traffic records.
Source:
SL 2004, ch 284, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-116 - Required notice to subscribers of automatic renewal dates in certain telecommunications contracts.

49-31-116. Required notice to subscribers of automatic renewal dates in certain telecommunications contracts.
Any telecommunications company having a contract with a subscriber for any retail telecommunications service that has a term of one year or more and that contains a provision requiring the subscriber to take any action to avoid automatic renewal of the contract for a renewal term greater than sixty days, shall give prior written notice to the subscriber of the action that the subscriber must take to avoid automatic renewal. The telecommunications company shall give notice to the subscriber not less than thirty and not more than sixty days before the date of the required action. The notice shall inform the subscriber in clear, plain and conspicuous language what action the subscriber must take to avoid renewal and the date by which the subscriber must take such action. If the company fails to give the notice required by this section, the automatic renewal provision may not be enforced against the subscriber, and the subscriber may terminate the contract at will following expiration of the original term without incurring any liability or penalty for early termination. The commission may promulgate rules pursuant to chapter 1-26 concerning the form, content, and means of delivery of the notice required by this section.
Source:
SL 2004, ch 285, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-117 - Commission disbursement of certain bond or other proceeds to affected customers--Interest.

49-31-117. Commission disbursement of certain bond or other proceeds to affected customers--Interest.
Upon receipt of any bond, letter of credit, or other proceeds that are payable to the commission and were issued to protect the financial interests of customers of a telecommunications company, the commission shall disburse the proceeds to affected customers pursuant to chapter 1-26. Any interest and other revenue earned on the proceeds shall accrue for the benefit of the affected customers.
Source:
SL 2005, ch 248, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-118 - Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale.

49-31-118. Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale.
No provider of mobile telecommunications service, or any direct or indirect affiliate or agent of a provider, may include the wireless telephone number information of a South Dakota subscriber in a wireless directory assistance service database or publish, sell, or otherwise disseminate the contents of a wireless directory assistance service database unless:
(1)The mobile telecommunications service provider provides a conspicuous separate notice to the subscriber informing the subscriber of the right not to be listed in a wireless directory assistance service; and
(2)The mobile telecommunications services provider obtains express prior authorization for listing from the subscriber, separate from any authorization obtained to provide such subscriber with mobile telecommunications service, or any calling plan or service associated with the mobile telecommunications service, and the authorization has not been subsequently withdrawn.
Source:
SL 2005, ch 243, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-119 - Charge for exclusion of number from wireless directory assistance service database prohibited.

49-31-119. Charge for exclusion of number from wireless directory assistance service database prohibited.
No person may charge a subscriber for making the choice to not be listed in a wireless directory assistance database or for removing the subscriber's mobile telecommunications service telephone number from a wireless directory assistance database at the subscriber's request.
Source:
SL 2005, ch 243, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-120 - Definitions.

49-31-120. Definitions.
Terms used in §§49-31-120 to 49-31-126, inclusive, mean:
(1)"Communications provider," a provider that offers telecommunications services for a fee to the public, regardless of the facilities used, or a provider of IP-enabled voice service;
(2)"Confidential communications records information," information that relates to the quantity, technical configuration, type, destination, incoming calls, outgoing calls, text messaging, location, or amount of use of a service offered by a communications provider subscribed to by any customer of that communications provider which is made available to a communications provider solely by virtue of the relationship between the communications provider and the customer, or information contained in any bill related to the product or service offered by a communications provider and received by any customer of the communications provider;
(3)"IP-enabled voice service," the provision of real- time two-way voice communications offered to the public, transmitted through customer premises equipment using transmission control protocol/internet protocol (TCP/IP), or a successor protocol, for a fee, whether part of a bundle of services or separately, with two-way interconnection capability such that the service can originate traffic to, and terminate traffic from, a public switched telephone network.
Source:
SL 2006, ch 238, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-121 - Obtaining confidential communications records without authorization from customer as misdemeanor.

49-31-121. Obtaining confidential communications records without authorization from customer as misdemeanor.
No person may obtain, or attempt to obtain, confidential communications records information from a communications provider, without authorization from the customer to whom such confidential communications records information relates, by knowingly and intentionally:
(1)Making false or fraudulent statements or representations to an employee of a communications provider;
(2)Making false or fraudulent statements or representations to a customer of a communications provider;
(3)Providing false documentation to a communications provider knowing that the documentation is false;
(4)Wrongfully accessing customer accounts of a communications provider via the internet; or
(5)Receiving confidential communications records information knowing such information has been obtained by fraudulent, deceptive, or false means.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2006, ch 238, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-122 - Selling confidential communications records without authorization from customer as felony.

49-31-122. Selling confidential communications records without authorization from customer as felony.
No person may knowingly and intentionally sell, or attempt to sell, confidential communications records information from a communications provider without authorization from the customer to whom such confidential communications records information relates. A violation of this section is a Class 6 felony.
Source:
SL 2006, ch 238, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-123 - Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order.

49-31-123. Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order.
Sections 49-31-120 to 49-31-126, inclusive, may not be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain confidential communications records information from a communications provider pursuant to a subpoena or court order.
Source:
SL 2006, ch 238, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-124 - Communications provider permitted to obtain confidential communications records through agents.

49-31-124. Communications provider permitted to obtain confidential communications records through agents.
Sections 49-31-120 to 49-31-126, inclusive, do not prohibit a communications provider, including any affiliate or subsidiary of a communications provider, from obtaining, using, disclosing, or permitting access to any confidential communications records information, either directly or indirectly through its agents as otherwise authorized by law.
Source:
SL 2006, ch 238, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-125 - Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer.

49-31-125. Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer.
Sections 49-31-120 to 49-31-126, inclusive, do not prohibit a communications provider from obtaining, using, disclosing, or permitting access to any confidential communications records information in connection with the sale or transfer of all or part of its business, the purchase or acquisition of all or part of a business, or the migration of a customer from one communications provider to another.
Source:
SL 2006, ch 238, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-126 - Civil action for violation--Double damages, costs, and attorney's fees.

49-31-126. Civil action for violation--Double damages, costs, and attorney's fees.
Any customer or communications provider who claims to have been adversely affected by any act or practice declared to be unlawful by §§49-31-121 or 49-31-122 may bring a civil action against the person who violated §§49-31-121 or 49-31-122 for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or practice. In addition, the customer or communications provider may collect court costs and reasonable attorney fees expended by the customer to bring an action under this section.
Source:
SL 2006, ch 238, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-1 - Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way.

49-32-1. Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way.
The owners of any telecommunications facilities operated in this state are granted the right-of-way over or under lands and real property belonging to the state and the right to use public grounds, streets, alleys and highways in this state, subject to the control by the proper authorities as to which grounds, streets, alleys or highways the lines run over or under, and placement of poles to support the wires. The right-of-way over or under real property in this chapter may be acquired in the same manner and by like proceedings as provided for railroad corporations.
Source:
SDC 1939, §52.1313; SL 1983, ch 341; SL 1987, ch 345, §85.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-2 - Malicious destruction of equipment--Misdemeanor--Civil liability.

49-32-2. Malicious destruction of equipment--Misdemeanor--Civil liability.
It is a Class 2 misdemeanor for any person to maliciously destroy, injure, disconnect, cut, break, ground, or in any manner interfere with telecommunications facilities, a pole, cable, or wire legally erected or strung, or with an underground conduit, subway, or cable or an electrical or other apparatus, appliance, instrument, or machinery of any kind used in the construction or operation of telecommunications facilities or electric plant, line or system used in producing, generating, or transmitting any electric light, heat, or power. In addition to the criminal penalty therefor, such person is liable in damages for any injuries to persons or property resulting therefrom.
Source:
SDC 1939, §13.4520; SL 1983, ch 15, §126; SL 1987, ch 345, §86.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-3 - Moving structures across or under utility's lines--Notice to utility--Deposit for costs.

49-32-3. Moving structures across or under utility's lines--Notice to utility--Deposit for costs.
Section 49-32-2 does not apply to the lawful moving of any structure along or across any public highway by a person who has used all necessary means to prevent injury to a utility's lines and who:
(1)Provides no less than forty-eight hours notice, which notice shall be calculated as two working days of the utility, of his intention to move a structure under or across a utility's lines to the nearest managing agent of the utility which owns the lines that must be moved;
(2)Informs the utility of the approximate time he intends to move the structure under or across the utility's lines; and
(3)Renders in advance of the move a reasonable deposit to the utility which shall equal the utility's estimated cost of its expenses in moving any lines.
The deposit shall include the utility's reasonable direct costs of all labor, materials and equipment, not including profit or common overhead costs, associated with accommodating the structure move. After the movement of the structure has been completed, the utility shall refund any deposit given in excess of the utility's direct cost incurred in moving its lines or the utility may bill the person moving the structure for the utility's direct cost incurred in excess of the deposit. The utility shall provide the person moving the structure with an itemized estimate when requiring a deposit and an itemized bill accounting for all direct costs after the move has been completed. No utility may charge any cost for monitoring the movement of a structure under its lines if it is not required to remove or lift any utility lines. No utility may require, as a condition precedent to the move, that a mover or the party owning the structure being moved sign a contract which adds terms regarding the movement of the structure inconsistent with this section.
Source:
SDC 1939, §13.4520; SL 1987, ch 345, §87; SL 1992, ch 329.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-3.1 - Required notice to telecommunications company--Planning meeting required.

49-32-3.1. Required notice to telecommunications company--Planning meeting required.
Any person, any political subdivision of this state, or any other public or private entity, however organized, that constructs, maintains, or operates a wind collector system for the purpose of producing electric energy shall, prior to the conclusion of planning for construction of any such project, notify in writing any telecommunications company having telecommunications facilities located within one mile of the proposed site, according to the records of the one-call notification system established by chapter 49-7A, of the intent to construct and the proposed location of the wind collector system. The telecommunications company shall contact the developer of the wind collector system at the address given in the notice required by this section within thirty days of the notice required by §§49-32-3.1 and 49-32-3.2 and request a planning meeting to be held within thirty days of the request with the developer of the wind collector system at a location mutually convenient to both parties. A planning meeting, once properly requested, shall be held and attended by knowledgeable representatives of the parties. If no request for a planning meeting is made, the developer is not required to meet with the telecommunications company. At the meeting the parties may discuss any concerns with the location or engineering design of the wind collector system, including the avoidance of inductive interference associated with the project.
Source:
SL 2003, ch 239, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-3.2 - "Wind collector system" defined.

49-32-3.2."Wind collector system" defined.
As used in §§49-32-3.1 and 49-32-3.2, the term, wind collector system, means all power lines and associated equipment located between the first substation and the wind turbines that collect electricity and transmit it from the wind turbines to the first substation.
Source:
SL 2003, ch 239, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-4 - Municipal regulation of movement of buildings or location of equipment.

49-32-4. Municipal regulation of movement of buildings or location of equipment.
Nothing in §49-32-2 or 49-32-3 may be construed to deprive municipalities of the right to regulate by ordinance the moving of buildings, or the location of telecommunications facilities or electric lines or wires within their respective limits.
Source:
SDC 1939, §13.4520; SL 1987, ch 345, §88; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-5 - Minimum height of telecommunications facilities or wires--Violation as petty offense.

49-32-5. Minimum height of telecommunications facilities or wires--Violation as petty offense.
It is a petty offense for a person owning or operating telecommunications facilities or electric lines, or any part of such facilities or lines in this state to intentionally extend telecommunications facilities or electric wires, any part of which is less than eighteen feet from the ground, over or across a public highway.
Source:
SDC 1939, §13.1624; SL 1983, ch 15, §127; SL 1987, ch 345, §89.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-6 - Damages not collectible for destruction of facilities or wires under minimum height.

49-32-6. Damages not collectible for destruction of facilities or wires under minimum height.
No person owning or operating any telecommunications facilities or electric lines, or any part of such facilities or lines in this state, may collect damages from any person who cuts, breaks, removes, or otherwise destroys any such telecommunications facilities, or electric wires over or across a public highway if any part of the same is at any time less than eighteen feet from the ground.
Source:
SDC 1939, §13.1624; SL 1987, ch 345, §90.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-8 - Liability for negligence unaffected.

49-32-8. Liability for negligence unaffected.
Nothing contained in §§49-32-5 and 49-32-6 may be construed to exempt anyone owning or operating any telecommunications facilities, or electric lines in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction or maintenance of such telecommunications facilities, or electric lines.
Source:
SDC 1939, §13.1624; SL 1987, ch 345, §91.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-10 - Overhead high voltage line safety--Definition of terms.

49-32-10. Overhead high voltage line safety--Definition of terms.
Terms as used in §§49-32-10 to 49-32-16, inclusive, unless the context otherwise requires, mean:
(1)"High voltage," a voltage in excess of seven hundred fifty volts between conductors or between any single conductor and the ground;
(2)"Overhead lines or overhead conductors," all bare or insulated electrical conductors installed above ground excepting those conductors that are de-energized and grounded or that are enclosed in iron pipe or other metal covering of equal strength.
Source:
SL 1973, ch 288, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-11 - Activities bringing persons or equipment in proximity to high voltage lines prohibited--Violation as misdemeanor.

49-32-11. Activities bringing persons or equipment in proximity to high voltage lines prohibited--Violation as misdemeanor.
No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may perform or permit another to perform any function or activity if it is probable that during the performance of such activity any person or any tool, equipment, machinery, or material engaged in performing work connected with such activity, will move to, or be placed in, a position within ten feet of any high voltage overhead electrical line or conductor. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1973, ch 288, §2; SL 1983, ch 15, §130; SL 2002, ch 215, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-12 - Storage or maintenance of equipment or structure in proximity to high voltage line prohibited--Violation as misdemeanor.

49-32-12. Storage or maintenance of equipment or structure in proximity to high voltage line prohibited--Violation as misdemeanor.
No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies, materials, apparatus, house or other building, or any part thereof, within six feet of any high voltage overhead conductor. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1973, ch 288, §3; SL 1983, ch 15, §131.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-13 - Warning signs to be posted on cranes and hoisting equipment--Violation as misdemeanor--Separate offenses.

49-32-13. Warning signs to be posted on cranes and hoisting equipment--Violation as misdemeanor--Separate offenses.
No person may, individually or through an agent or employee or as an agent or employee, operate a crane, derrick, power shovel, drilling rig, hoisting equipment or similar apparatus, any part of which is capable of lateral or swinging motion, unless there is posted and maintained in plain view of its operator, a durable warning sign legible at twelve feet, reading:
"Unlawful to operate this equipment within six feet of high voltage lines."
A violation of this section is a Class 2 misdemeanor. Each day's failure to post or maintain such signs shall constitute a separate violation.
Source:
SL 1973, ch 288, §4; SL 1983, ch 15, §132.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-14 - Notice to utility of necessary work in proximity to high voltage line--Protective measures--Violation as misdemeanor.

49-32-14. Notice to utility of necessary work in proximity to high voltage line--Protective measures--Violation as misdemeanor.
If a person desires to carry on a function, activity, work or operation in closer proximity to a high voltage line or conductor than is permitted by §§49-32-11 and 49-32-12, or in such proximity that a function could reasonably be expected to come within closer proximity than permitted by said sections, the person responsible for the work to be done shall promptly notify the operator of the high voltage conductors of the work to be performed and make appropriate arrangements with the operator of the high voltage conductors for temporary mechanical barriers, temporary de-energization and grounding of the conductors, or temporary raising of the conductors before proceeding with any work which would impair the clearances required by §§49-32-11 and 49-32-12. The operator shall provide the necessary clearance within a reasonable time after notification.
A violation of this section by the person responsible for the work or by the operator of the high voltage lines is a Class 2 misdemeanor.
Source:
SL 1973, ch 288, §5; SL 1983, ch 15, §133.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-16 - Activities exempt from high voltage safety requirements.

49-32-16. Activities exempt from high voltage safety requirements.
Sections 49-32-10 to 49-32-14, inclusive, shall not be construed as applying to, nor shall they apply to:
(1)Construction, reconstruction, operation, or maintenance of any high voltage overhead conductor, supporting structure or appurtenances for the support or operation of a high voltage conductor by persons authorized by the owner or operator; nor
(2)Work being done on telephone or communication circuits or their supporting structures; nor
(3)The operation or maintenance of any equipment traveling or moving upon fixed rails.
Source:
SL 1973, ch 288, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-17 - Liability of violator.

49-32-17. Liability of violator.
If a violation of this chapter results in physical or electrical contact with any high voltage line, the violator is liable to the owner or operator of such high voltage line for all damage to such facilities and for any liability incurred by such owner or operator as a result of any such contact.
Source:
SL 1987, ch 353.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-18 - Electric transmission line defined.

49-32-18. Electric transmission line defined.
For the purposes of §§49-32-19 and 49-32-20, the term, electric transmission line, means any line connecting to existing electric transmission network facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase, other than a line solely for connecting an electric generation facility to facilities owned by an electric utility.
Source:
SL 2011, ch 208, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-19 - Incumbent electric transmission owner defined.

49-32-19. Incumbent electric transmission owner defined.
For the purposes of §49-32-20, the term, incumbent electric transmission owner, means an electric utility or public utility furnishing electric service in this state or wholesale rural electric cooperative whose owners furnish electric service in this state or a municipal power agency or a consumers power district organized pursuant to chapter 49-35.
Source:
SL 2011, ch 208, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32 - Telephone, Telegraph And Electric Lines › Section 49-32-20 - Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application.

49-32-20. Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application.
Any incumbent electric transmission owner may construct, own, and maintain an electric transmission line that connects to facilities owned by the incumbent electric transmission owner. The right to construct, own, and maintain an electric transmission line that connects to facilities owned by two or more incumbent electric transmission owners belongs individually and proportionally to each incumbent electric transmission owner, unless otherwise agreed in writing. If an electric transmission line has been approved for construction in a federally registered planning authority transmission plan, the incumbent electric transmission owner may give notice to the commission, in writing, within ninety days of approval, of its intent to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line. Within eighteen months after the notice, the incumbent electric transmission owner shall file an application for a permit in accordance with chapter 49-41B.
Source:
SL 2011, ch 208, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-1 - Definition of terms.

49-32A-1.Definition of terms.
Terms used in this chapter, unless the context otherwise requires, mean:
(1)"Registered professional engineer," a person with a degree in radio electronics entitling him to the use of the title of professional engineer and whose credentials are a matter of record with the Federal Communications Commission in Washington, D. C. and who is actively pursuing a practice of consulting as a professional engineer;
(2)"Service unit," any structure inhabited for dwelling purposes and shall include each home, each apartment within a structure, and each motel or hotel structure shall be one unit, and shall include any establishment which sells, rents, leases to or maintains on the premise for the enjoyment of their customers electronic equipment which receives translator signals; and
(3)"Translator," any facility within this state which is operated to receive and amplify the signals broadcast by one or more television stations and redistribute the signals by appropriate broadcasting means but shall not include redistribution of signals by wire or cable.
Source:
SL 1976, ch 76, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-2 - Purpose of translator district.

49-32A-2. Purpose of translator district.
The purpose of a translator district shall be to serve the public interest, convenience, and necessity in the construction, maintenance and operation of translator stations and any system necessary thereto by appropriate electronic means for television program distribution, but the purposes are not meant to include the construction or operation of community antenna systems, commonly known and referred to as cable TV systems.
Source:
SL 1976, ch 76, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-3 - Areas includable in translator districts.

49-32A-3. Areas includable in translator districts.
Any area of the state may organize as a translator district for the performance of functions provided for in this chapter. A translator district may include a part or all of any county or may include areas in more than one county and may include any municipality located within the county or counties.
Source:
SL 1976, ch 76, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-4 - Establishment of translator district by county ordinance.

49-32A-4. Establishment of translator district by county ordinance.
A board of county commissioners may by ordinance establish a translator district. The provisions of chapter 7-18A shall govern such procedure.
Source:
SL 1976, ch 76, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-5 - Feasibility study by professional engineering consultant--Scope of study.

49-32A-5. Feasibility study by professional engineering consultant--Scope of study.
Before any further action is taken the board of county commissioners shall order a feasibility study to be made by a professional engineering consultant as defined in this chapter. The feasibility study shall include recommendations, including but not limited to the type and amount of equipment necessary, the area that may be served adequately, estimated predictions of necessary maintenance requirements for maximum quality video reception and all costs relating thereto. This feasibility study shall also include alternative coverage area proposals and cost estimates relating thereto.
Source:
SL 1976, ch 76, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-6 - Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing.

49-32A-6. Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing.
The commissioners shall present the feasibility study to the general public residing in the proposed coverage area by public hearings. If sufficient public interest and support is indicated at the public hearings, the board of county commissioners shall establish the boundaries of the TV translator district and call for an election of the electorates therein. If the board of county commissioners passes an ordinance creating the district, they shall name the district "Translator District" and file a copy of the order creating the district, if only one county is included therein, with the county auditor and if portions of more than one county are included in the district a copy of the order shall be filed in each county and with the secretary of state.
Source:
SL 1976, ch 76, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-7 - Initial board of trustees for district--Number--Qualifications--Terms of office.

49-32A-7. Initial board of trustees for district--Number--Qualifications--Terms of office.
The board of county commissioners, upon the creation of the district, and as a part of the order creating the district, shall appoint a board of no less than three nor more than five trustees to administer the affairs of the district. Each of the trustees shall be a resident of the district. The trustees so appointed upon creation of such district shall be appointed for staggered terms of one, two and three years. If more than one county is involved, one of the trustees shall be appointed from the county having the smallest population based on the most recent federal decennial census, and such trustee shall be given the three-year term.
Source:
SL 1976, ch 76, §5; SL 1979, ch 315, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-8 - Appointment of successor trustees--Term of office--Filling of vacancies.

49-32A-8. Appointment of successor trustees--Term of office--Filling of vacancies.
Trustees appointed pursuant to §49-32A-7 shall hold office for the term of their respective appointment or until their successors are appointed and qualified; at the end of the respective terms of the trustees, the board of county commissioners shall appoint a new trustee for a three-year term, and in case of a vacancy by death, resignation, removal from the district or otherwise a trustee shall be appointed by the board of county commissioners to fill such vacancy to the end of the term of such trustee.
Source:
SL 1976, ch 76, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-9 - Meetings of district trustees--Regular time and place--Notice of change.

49-32A-9. Meetings of district trustees--Regular time and place--Notice of change.
The board of trustees shall meet once a month at a regular time and place to transact the business of the district, the time and place to be fixed by the trustees and any change in the time and place of meetings shall be given by publication of notice in a newspaper most likely to give notice to the taxpayers within such district.
Source:
SL 1976, ch 76, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-10 - Trustees not compensated--Expenses.

49-32A-10. Trustees not compensated--Expenses.
The board of trustees of the district shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the operation of the translator district.
Source:
SL 1976, ch 76, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-14 - Preparation of annual budget--Presentation to county commissioners--Appropriations.

49-32A-14. Preparation of annual budget--Presentation to county commissioners--Appropriations.
The board of trustees shall prepare a budget for the expenses for the next year, which budget shall be presented by July first to the boards of county commissioners of the counties in the television district. The board of county commissioners of each county in the district shall appropriate funds required by the budget from the county general funds in the same proportion that the population of each county is to the total district population.
Source:
SL 1976, ch 76, §7; SL 1979, ch 315, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-15 - District treasurer--Separate fund--Disbursements on warrants.

49-32A-15. District treasurer--Separate fund--Disbursements on warrants.
The treasurer of the county with the largest population in the district shall be the treasurer for the district and hold the funds appropriated by that county and funds appropriated by any other county shall be forwarded to him and deposited in a separate fund to be disbursed by him upon warrants drawn by the trustees, at least two of whom shall sign any warrant for the disbursement of the funds by the county treasurer.
Source:
SL 1976, ch 76, §8; SL 1979, ch 315, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-16 - Television services provided by translator districts--Cable service prohibited.

49-32A-16. Television services provided by translator districts--Cable service prohibited.
A translator district organized under this chapter, acting through its board of trustees may perform all the acts and take all the necessary steps to provide television services within the area in order that all persons within the service area shall be supplied by means of an appropriate electrical or electronic system for television program distribution, but may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems; the authorized system to provide such flexibility as to permit improvements in technical quality.
Source:
SL 1976, ch 76, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-17 - Acquisition and operation of electronic transmission and relay systems--Land and property acquisition--Compensation of property owners.

49-32A-17. Acquisition and operation of electronic transmission and relay systems--Land and property acquisition--Compensation of property owners.
If necessary in the furtherance of the objects of this chapter, a translator district organized under this chapter may acquire, build, construct, repair, own, maintain and operate any necessary stations transmitting simultaneous signals intended to be received by the general public, relay stations, pick-up stations, or any other electrical or electronic system necessary. It may acquire by gift, devise, bequest, lease, purchase, or eminent domain real and personal property, tangible or intangible, including lands, rights of way and easements, necessary or convenient for its purposes. It may make contracts to compensate any owner of land or other property for the use of such property for the purposes of this chapter.
Source:
SL 1976, ch 76, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-18 - Contracts with public agencies--Employment of personnel.

49-32A-18. Contracts with public agencies--Employment of personnel.
A translator district organized under this chapter may make contracts with the United States, or any state, municipality or any department or agency of those entities for carrying out the general purposes for which the district is formed. It may make contracts of any lawful nature, including labor contracts or those for employees' benefits, employ engineers, laboratory personnel, attorneys, other technical or professional assistants, and any other assistants or employees necessary to carry out the provisions of this chapter.
Source:
SL 1976, ch 76, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-19 - Permits and licenses held by district.

49-32A-19. Permits and licenses held by district.
A translator district organized under this chapter may apply for, accept, and be the holder of any permit or license issued by or required under federal or state law.
Source:
SL 1976, ch 76, §9; SL 1979, ch 315, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 32A - Television Translator Districts › Section 49-32A-20 - Annexation of contiguous territory--Procedure.

49-32A-20. Annexation of contiguous territory--Procedure.
The board of county commissioners may annex contiguous territory by ordinance in accordance with the procedures outlined in chapter 1-24.
Source:
SL 1976, ch 76, §15.