reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-12 - Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.

49-34B-12. Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.
Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two hundred thousand dollars for each violation each day that the violation persists, except that the maximum civil penalty may not exceed two million dollars for any related series of violations. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit of the pipeline safety account, established pursuant to §49-34B-9. This section does not apply to interstate gas pipeline facilities.
Source:
SL 1994, ch 357, §11; SL 2012, ch 231, §5; SL 2019, ch 199, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-13 - Conduct in violation of federal act--Authority of commission to pursue remedies.

49-34B-13. Conduct in violation of federal act--Authority of commission to pursue remedies.
No person is subject to civil penalties under this chapter if prior civil penalties have been imposed under the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023, for conduct that may give rise to a violation of both acts. Nothing in this chapter limits the powers of the commission, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the commission or any other person. Administrative remedies need not be exhausted in order to proceed under this chapter. The remedies provided by this chapter are in addition to those provided under existing statutory or common law.
Source: SL 1994, ch 357, §12; SL 1995, ch 264, §4; SL 1997, ch 268, §4; SL 1999, ch 230, §4; SL 2001, ch 258, §4; SL 2003, ch 240, §4; SL 2005, ch 247, §4; SL 2007, ch 273, §7; SL 2009, ch 242, §5; SL 2010, ch 225, §5; SL 2011, ch 210, §5; SL 2012, ch 231, §6; SL 2016, ch 226, §5; SL 2019, ch 199, §5; SL 2021, ch 201, §3; SL 2023, ch 158, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-14 - Commission as agent of United States Department of Transportation in regulating interstate pipelines.

49-34B-14. Commission as agent of United States Department of Transportation in regulating interstate pipelines.
The commission may, to the extent authorized by agreement with the secretary of the United States Department of Transportation, act as agent for the secretary of transportation to implement the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023, and any federal pipeline safety regulations promulgated thereto with respect to interstate gas pipelines located within this state, as necessary to obtain annual federal certification. The commission shall, to the extent authorized by federal law, inspect pipelines in the state as authorized by the provisions of this chapter.
Source: SL 1994, ch 357, §13; SL 1995, ch 264, §5; SL 1997, ch 268, §5; SL 1999, ch 230, §5; SL 2001, ch 258, §5; SL 2003, ch 240, §5; SL 2005, ch 247, §5; SL 2007, ch 273, §8; SL 2009, ch 242, §6; SL 2010, ch 225, §6; SL 2011, ch 210, §6; SL 2012, ch 231, §7; SL 2016, ch 226, §6; SL 2019, ch 199, §6; SL 2021, ch 201, §4; SL 2023, ch 158, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-15 - Designation of commission's inspectors as federal agents.

49-34B-15. Designation of commission's inspectors as federal agents.
The commission may seek and accept federal designation of the commission's pipeline inspectors as federal agents for the purposes of inspection pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023, and federal rules adopted to implement those acts. If the Department of Transportation delegates inspection authority to the state as provided in this section, the commission shall do what is necessary to carry out its delegated federal authority.
Source: SL 1994, ch 357, §14; SL 1995, ch 264, §6; SL 1997, ch 268, §6; SL 1999, ch 230, §6; SL 2001, ch 258, §6; SL 2003, ch 240, §6; SL 2005, ch 247, §6; SL 2007, ch 273, §9; SL 2009, ch 242, §7; SL 2010, ch 225, §7; SL 2011, ch 210, §7; SL 2012, ch 231, §8; SL 2016, ch 226, §7; SL 2019, ch 199, §7; SL 2021, ch 201, §5; SL 2023, ch 158, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-16 - Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account.

49-34B-16. Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account.
From each pipeline operator subject to the interstate pipeline inspection authority granted under this chapter, the commission shall assess and collect an inspection fee in an amount calculated under §49-34B-17. The inspection fee shall be assessed annually. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order shall be appealable pursuant to chapter 1-26. If an operator does not pay, or object to, the fee within thirty days after the assessment is mailed, the commission may impose a delinquency fee of ten percent of the inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be deposited in the pipeline safety account established in §49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.
Source:
SL 1994, ch 357, §15; SL 2007, ch 273, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-17 - Calculation of interstate operator's inspection fee.

49-34B-17. Calculation of interstate operator's inspection fee.
For each inspection fee assessed to interstate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific interstate gas pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to interstate pipeline facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of the total miles of pipeline to be inspected that are operated or will be operated by each pipeline operator.
Source:
SL 1994, ch 357, §16; SL 2007, ch 273, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-18 - Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.

49-34B-18. Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.
Upon certification as a federal agent, the commission shall assess an initial inspection fee upon all interstate gas pipeline operators. The initial inspection fee is based on the commission's estimated costs of its first six months of operation as a federal agent. The initial inspection fee shall be prorated based on each interstate gas pipeline operator's total miles of line located within this state. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order shall be appealable pursuant to chapter 1-26. If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment is mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the initial inspection fee not paid. Fees collected under this section shall be deposited in the pipeline safety account established in §49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.
Source:
SL 1994, ch 357, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-19 - Promulgation of inspection and safety rules.

49-34B-19. Promulgation of inspection and safety rules.
The commission may promulgate pipeline inspection and safety rules, pursuant to chapter 1-26, to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized by the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023.
Source: SL 1994, ch 357, §18; SL 1995, ch 264, §7; SL 1997, ch 268, §7; SL 1999, ch 230, §7; SL 2001, ch 258, §7; SL 2003, ch 240, §7; SL 2005, ch 247, §7; SL 2007, ch 273, §12; SL 2009, ch 242, §8; SL 2010, ch 225, §8; SL 2011, ch 210, §8; SL 2012, ch 231, §9; SL 2016, ch 226, §8; SL 2019, ch 199, §8; SL 2021, ch 201, §6; SL 2023, ch 158, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-20 - Promulgation of rules for calculation, assessment, and collection of fees.

49-34B-20. Promulgation of rules for calculation, assessment, and collection of fees.
The commission may promulgate rules pursuant to chapter 1-26 governing the calculation, assessment, and collection of the fees imposed in §§49-34B-9 to 49-34B-11, inclusive, and 49-34B-16 to 49-34B-18, inclusive.
Source:
SL 1994, ch 357, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-21 - Accident report available in judicial proceedings.

49-34B-21. Accident report available in judicial proceedings.
Any accident report related to pipeline safety made by an employee or agent of the commission is available for use in any civil, criminal, or other judicial proceeding arising out of the accident. The employee or agent may be required to testify in the proceedings as to the facts developed in the investigation. A report made available to the public need not identify individuals. Any report on research projects, demonstration projects, and other related activities is public information.
Source:
SL 1994, ch 357, §20.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-22 - Trade secrets information confidential.

49-34B-22. Trade secrets information confidential.
All information reported to or obtained by the commission under this chapter that contains or relates to a trade secret referred to in United States Code, title 18, section 1905, as amended to January 1, 2023, or that is granted by chapter 37-29 is confidential for the purpose of that section, except that the information may be disclosed to the commission or commission employee or agent concerned with enforcing this chapter. Nothing in this section authorizes the withholding of information by the commission from a committee of the Legislature.
Source: SL 1994, ch 357, §21; SL 1997, ch 268, §8; SL 1999, ch 230, §8; SL 2001, ch 258, §8; SL 2003, ch 240, §8; SL 2005, ch 247, §8; SL 2007, ch 273, §13; SL 2009, ch 242, §9; SL 2010, ch 225, §9; SL 2011, ch 210, §9; SL 2012, ch 231, §10; SL 2016, ch 226, §9; SL 2019, ch 199, §9; SL 2023, ch 158, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-23 - Acceptance of federal moneys.

49-34B-23. Acceptance of federal moneys.
The commission may accept any moneys made available to this state by the United States of America or any department or agency thereof with respect to prescribing, setting, and enforcing rules and safety standards for the transportation of natural and other gas by pipelines in accordance with federal law. Any moneys received shall be credited to the pipeline safety account, established pursuant to §49-34B-9. The commission may do anything not contrary to the laws of this state or required of this state by federal law in order to obtain such federal money.
Source:
SL 1994, ch 357, §22.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-24 - Waiver of compliance with standards--Reasons to be stated.

49-34B-24. Waiver of compliance with standards--Reasons to be stated.
Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the commission may, after notice and opportunity for hearing and under such terms and conditions and to such extent as the commission deems appropriate, waive in whole or in part compliance with any standards established pursuant to this chapter, on determining that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The commission shall state the reasons for any such waiver.
Source:
SL 1994, ch 357, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-25 - Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor.

49-34B-25. Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor.
No person may deface, mar, damage, remove, injure, displace, destroy, or tamper with any sign or line marker marking the location of a pipeline. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
Source:
SL 1994, ch 357, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-26 - Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony.

49-34B-26. Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony.
After an emergency release from a pipeline has occurred, no pipeline operator, or its employee or agent, may dispose of, destroy, or alter the part of a pipeline that was involved in the emergency release until approval is granted by the commission. This section does not prevent an operator from taking appropriate action to limit or prevent the further release of gas. The authority of the commission to grant approval may not be delegated.
This section may not be construed to prevent the excavation and removal from the ground of a pipeline or part of a pipeline if the pipeline is not intentionally altered in a manner that prevents or hinders a determination of the cause of the emergency release. A person who knowingly violates the provisions of this section, or who denies the commission access to the pipeline for the purposes of inspection, is guilty of a Class 5 felony.
Source:
SL 1994, ch 357, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-27 - Powers of commission in enforcement of chapter.

49-34B-27. Powers of commission in enforcement of chapter.
The commission may, to the extent necessary to carry out the enforcement responsibilities of this chapter, conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct research, testing, development, demonstration, and training activities.
Source:
SL 1994, ch 357, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-1 - Definitions.

49-35-1. Definitions.
Terms used in chapters 49-35 to 49-40, inclusive, unless the context otherwise plainly requires, shall mean:
(1)"Consumers power district" or "district" means a district organized under this chapter or as the same may be from time to time altered or extended under the terms of this chapter;
(2)"Governing body" means the duly constituted legislative body or governing authority within and for a municipality or rural area;
(3)"Municipality" means an incorporated city or town;
(4)"Plant" or "system" means any and all property owned, used, or operated, or useful for operation, in the generation by means of water power, steam, or any means, or the transmission, distribution, sale or purchase of electrical energy for any and every useful purpose, as defined herein, which may be owned, leased, used or operated in conjunction with such power plant or system;
(5)"Power" means any and all electrical energy generated, distributed, bought or sold for purposes of lighting, heating, power, and any and every other purpose whatsoever;
(6)"Rural area" means any territory outside of a municipality.
Source:
SL 1950 (SS), ch 17, §3; SDC Supp 1960, §52.1703.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-2 - Purpose of district.

49-35-2. Purpose of district.
Nonprofit, public service, utility districts may be organized under this chapter for the purpose of supplying electric energy and encouraging and extending the use thereof within or without the State of South Dakota.
Source:
SL 1950 (SS), ch 17, §2; SDC Supp 1960, §52.1702; SL 1989, ch 403, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-3 - District as public corporation and political subdivision--Capacity to sue and be sued--General powers.

49-35-3. District as public corporation and political subdivision--Capacity to sue and be sued--General powers.
A district may be created as provided in this chapter, and when so created, shall be a public corporation and political subdivision of this state, and may sue or be sued in its corporate name, and have all other powers in chapters 49-35 to 49-40, inclusive, or hereafter prescribed by law and those incidental or necessary thereto.
Source:
SL 1950 (SS), ch 17, §4; SDC Supp 1960, §52.1704.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-4 - Composition of district--Division of municipalities prohibited--Districts within districts.

49-35-4. Composition of district--Division of municipalities prohibited--Districts within districts.
A consumers power district may be composed of the territory of one or more municipalities or rural areas as defined in this chapter, whether contiguous or otherwise, but no municipality or voting precinct shall be divided in the formation of a district. Nothing in chapters 49-35 to 49-40, inclusive, shall be construed to prevent the organization of a district within, or partly within, the territorial boundaries of another district organized hereunder, so long as the plants and systems and the operation of the same, the exercise of powers, and the assumption of duties and responsibilities, of or on the part of one such district, do not nullify, substantially conflict with, or materially affect those of, or on the part of, another such district.
Source:
SL 1950 (SS), ch 17, §4; SDC Supp 1960, §52.1704.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-5 - Procedure for creation of district.

49-35-5. Procedure for creation of district.
A consumers power district may be created only by election and the procedure as provided in this chapter.
Source:
SL 1950 (SS), ch 17, §5; SDC Supp 1960, §52.1705.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-6 - Rural areas--Petition to clerk of courts.

49-35-6. Rural areas--Petition to clerk of courts.
A consumers power district may be organized in a rural area under the provisions of this chapter by filing within ninety days after the earliest date of the signing by any petitioner in the office of the clerk of courts of the county in which the principal place of business of said district is to be located, the original petition prepared in compliance with the requirements of this chapter and by filing certified copies of such petition in the office of the clerk of courts of all other counties of the State of South Dakota into which any part of the proposed district shall extend.
Source:
SL 1950 (SS), ch 17, §6; SDC Supp 1960, §52.1706.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-7 - Contents of petition.

49-35-7. Contents of petition.
The petition for the organization of a consumers power district shall be addressed to the secretary of state and shall state in substance that it is the intent and purpose of the petitioners to create such a district under the provisions of this chapter subject to approval by the registered voters of the proposed district. The petition shall be circulated by an elector or electors of the proposed district and shall state and contain:
(1)The name of the proposed district, which name shall contain the words, consumers power district;
(2)A description of or map or diagram of the proposed district. The name of any municipality shall be a sufficient description of the boundaries thereof;
(3)A general description of the nature of the business which the proposed district intends to engage in, and the location and method of operation of any proposed power plants, systems and facilities stated in general terms only;
(4)The location of the principal place of business of the proposed district;
(5)A statement that the proposed district does not have the power to levy taxes nor to issue general obligation bonds;
(6)A statement that none of the individual members or patrons of the district or any of their property shall ever be liable in any manner for any obligation of the district;
(7)A statement that the district shall always operate on public service, nonprofit principles for the general purposes of providing equality of distribution of electric energy to all the people and areas entitled to its benefits at the lowest obtainable cost so far as practicable under the provisions of this chapter. Plant extension, improvements, maintenance, or operation reserves are not considered as profit;
(8)The names and addresses of the members of the board of directors of the district (not less than five nor more than twenty-one unless the district comprises or proposes to operate in more than fifty counties in the state, in which case the number may not be less than seven), who shall serve until their successors are elected and qualified. In the petition the directors named shall be divided as nearly as possible into three equal groups, the members of the first group to hold office until their successors elected at the first general state election thereafter have qualified, the members of the second group to hold office until their successors elected at the second general state election thereafter have qualified, and the members of the third group to hold office until their successors elected at the third general state election thereafter shall have qualified. The group to which each proposed director belongs shall be designated in the petition;
(9)If the proposed district is a municipality, a statement that the entire municipality is included within the proposed district.
Source:
SL 1950 (SS), ch 17, §7; SDC Supp 1960, §52.1707; SL 1998, ch 276, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-8 - Signatories to petition--Basis for computing minimum required signatures--Information in addition to signatures.

49-35-8. Signatories to petition--Basis for computing minimum required signatures--Information in addition to signatures.
The petition for the organization of a consumers power district shall be signed by five percent of the qualified electors of the proposed district. The number of votes cast for Governor at the general election within the boundaries of the proposed district next preceding the filing of the petition shall be the basis for determining the required number of signatures to the petition. Each petition signer shall also provide the signers printed name, residence address, county of voter registration, and date of signing. To each sheet for petitioners' signatures shall be attached a full and correct copy of the petition.
Source:
SL 1950 (SS), ch 17, §8; SDC Supp 1960, §52.1708; SL 1998, ch 276, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-9 - Affidavit by circulator of petition.

49-35-9. Affidavit by circulator of petition.
Every sheet of every petition for the organization of a consumers power district containing signatures shall have upon it and below the signatures a circulator's verification as required by subdivision 12-1-3(8).
Source:
SL 1950 (SS), ch 17, §9; SDC Supp 1960, §52.1709; SL 1998, ch 276, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-10 - Issuance of certificate of filing of petition.

49-35-10. Issuance of certificate of filing of petition.
After the petition has been filed in the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law and contains the required number of valid signatures, the secretary of state shall file the petition and issue a certificate of filing of the petition to the county auditor of any counties in which the proposed district lies or the municipal finance officer if the proposed district is confined to one municipality.
Source:
SL 1950 (SS), ch 17, §10; SDC Supp 1960, §52.1710; SL 1998, ch 276, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-15 - Submission to electors--Procedure for conducting election.

49-35-15. Submission to electors--Procedure for conducting election.
Upon the receipt of the certificate of filing by any county auditor or municipal finance officer receiving the same from the secretary of state, the question shall be submitted to the electors of the proposed district at the next election. The manner of conducting and voting at elections for the formation of such districts under this chapter, opening and closing of polls, keeping poll lists, canvassing the votes, declaring the result, and certifying the returns shall be the same as provided by the general election laws of this state governing the election of county or municipal officers, as the case may be, except as otherwise provided in this chapter.
Source:
SL 1950 (SS), ch 17, §10; SDC Supp 1960, §52.1710; SL 1998, ch 276, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-16 - Certification of election returns.

49-35-16. Certification of election returns.
Within ten days after the canvass of the vote at an election pursuant to §49-35-15, each county auditor or municipal finance officer shall certify and return to the secretary of state the number of votes cast at such election in favor of and against the question submitted. If a majority of the electors voting on the question at the election vote in favor of the question submitted, the secretary of state shall file and record the results of the election and thereupon the district under its designated name constitutes a body politic and corporate.
Source:
SL 1950 (SS), ch 17, §10; SDC Supp 1960, §52.1710; SL 1998, ch 276, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-17 - Annexation of additional territory--Consolidation of districts--Petitions--Election.

49-35-17. Annexation of additional territory--Consolidation of districts--Petitions--Election.
A petition for the annexation of additional territory to an existing district may be filed by registered voters of the area to be annexed. Petitions for the consolidation of two or more existing districts shall be filed by registered voters of each existing district. These petitions shall be filed with the secretary of state, specifying the territory to be annexed or the districts to be consolidated, in accordance with the provisions of §§49-35-7 to 49-35-9, inclusive. Upon the filing of such petition, the secretary of state shall follow the procedures of §49-35-10, and an election shall be held pursuant to the provisions of this chapter. If the majority of the electors of such additional territory or in each of the districts to be consolidated, as the case may be, voting thereon shall vote in favor of such annexation or consolidation, the county auditor or municipal finance officer, as the case may be, shall file the results of such election in the principal places of business of the existing districts involved.
Source:
SL 1950 (SS), ch 17, §10; SDC Supp 1960, §52.1710; SL 1998, ch 276, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-27 - Amendment of petition to change name or principal place of business--Changing number of directors--Changes authorized by directors.

49-35-27. Amendment of petition to change name or principal place of business--Changing number of directors--Changes authorized by directors.
Any district may amend its petition to provide for a change in its name or change in the location of its principal place of business and may reduce or increase the number of members of its board of directors. No elimination or detachment, increase, enlargement, annexation, or consolidation of the territory of a district, or change in its principal place of business, its name or the number of members of its board of directors, may occur unless authorized by the directors of the district involved. The amendment shall comply with the requirements of 49-36-4 and shall be filed forthwith in the Office of the Secretary of State.
Source:
SL 1950 (SS), ch 17, §73; SDC Supp 1960, §52.1772; SL 1989, ch 403, §3; SL 1998, ch 276, §21; SL 2003, ch 114, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-30 - Amendment of petition for creation of district--Effective date of amendment.

49-35-30. Amendment of petition for creation of district--Effective date of amendment.
The proposed amendment is effective and in full force immediately upon the issuance of a certificate of amendment by the secretary of state. Thereupon the district, as in the case of the original district, is a public corporation and political subdivision, and shall operate and function accordingly in the reduced and subdivided area, or the increased and enlarged area, under the terms, powers, privileges, and conditions of chapters 49-35 to 49-40, inclusive.
Source:
SL 1950 (SS), ch 17, §76; SDC Supp 1960, §52.1775; SL 1998, ch 276, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 35 - Consumers Power District Formation › Section 49-35-32 - Citation of chapters.

49-35-32. Citation of chapters.
Chapters 49-35 to 49-40, inclusive, may be cited as the "Consumers Power Districts Law."
Source:
SL 1950 (SS), ch 17, §1; SDC Supp 1960, §52.1701.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1 - Election of directors--Persons entitled to vote--Nonpartisan ballot required--Terms of directors.

49-36-1. Election of directors--Persons entitled to vote--Nonpartisan ballot required--Terms of directors.
After the selection of the original board of directors of a consumers power district as provided for in chapter 49-35, their successors shall be nominated and elected and shall take office as provided in this chapter. Qualified voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified.
Source:
SL 1950 (SS), ch 17, §§18, 19; SDC Supp 1960, §§52.1718, 52.1719; SL 1989, ch 403, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.1 - Procedure for election.

49-36-1.1. Procedure for election.
All candidates for the office of director of a consumers power district shall be nominated and voted for at the primary and general elections in the manner provided by this chapter.
Source:
SL 1989, ch 403, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.2 - Endorsement of candidate by political party punishable as misdemeanor.

49-36-1.2. Endorsement of candidate by political party punishable as misdemeanor.
It is a Class 2 misdemeanor for any political party to endorse or nominate by any convention, or other method, any candidate for director.
Source:
SL 1989, ch 403, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.3 - Content and filing of nominating petitions.

49-36-1.3. Content and filing of nominating petitions.
Nominating petitions for director filed pursuant to this chapter shall state the director position sought, using the designations established by the secretary of state on file in the office of the secretary of state within the time prescribed by §12-6-4 and shall be signed by not less than fifty registered voters of the district or subdivision of the district. To the extent it is consistent with this chapter, §12-6-8 shall govern such petitions.
Source:
SL 1989, ch 403, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.4 - References to party ballot or affiliation prohibited on petition.

49-36-1.4. References to party ballot or affiliation prohibited on petition.
In any petition filed by or on behalf of any candidate for nomination to director office at any primary election or any attachment thereto, no reference may be made to any party ballot or to the party affiliation of the candidate.
Source:
SL 1989, ch 403, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.5 - When placement of names on primary ballot unnecessary.

49-36-1.5. When placement of names on primary ballot unnecessary.
If nominating petitions filed on behalf of candidates do not exceed twice the number of persons for the number of director positions to be filled, the names of the persons need not be placed upon the primary ballot and the persons shall be the nominees for the positions.
Source:
SL 1989, ch 403, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.6 - Order of candidate names.

49-36-1.6. Order of candidate names.
The order of names of director candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate has the right to be present or represented when the arrangement is being determined.
Source:
SL 1989, ch 403, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.7 - Separate ballots for primary elections--Title--Content.

49-36-1.7. Separate ballots for primary elections--Title--Content.
At all primary elections at which candidates for director office are to be nominated and a primary is required, the county auditors shall prepare and furnish separate ballots upon which shall be placed the names of the candidates for the offices. The ballots shall be entitled "nonpolitical consumers power district ballot" and shall contain no other designation. The names of all candidates shall be placed thereon without any party designation in the order designated by the secretary of state.
Source:
SL 1989, ch 403, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.8 - Form of ballot prescribed by board.

49-36-1.8. Form of ballot prescribed by board.
The form of the nonpolitical consumers power district ballot shall be prescribed by the Board of Elections.
Source:
SL 1989, ch 403, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.9 - Nominees.

49-36-1.9. Nominees.
The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election.
Source:
SL 1989, ch 403, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-1.10 - Reduction in number of nominees through death, withdrawal or disqualification--Availability of nominating petition.

49-36-1.10. Reduction in number of nominees through death, withdrawal or disqualification--Availability of nominating petition.
If after nominations have been made under the provisions of this chapter and the number of nominees for a director office shall be reduced through death, withdrawal or disqualification of a nominee, the registered voters of the district may, if there is sufficient time for filing a nominating petition pursuant to §12-8-6, nominate one or more candidates for such director office by a petition otherwise complying with §49-36-1.3.
Source:
SL 1989, ch 403, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-2 - Duties of election officials.

49-36-2. Duties of election officials.
It shall be the duty of all state and local officers, and of all officers of election, to perform all duties imposed upon them by the laws of this state pertaining to primary and general elections, insofar as applicable to election of directors of districts organized under the provisions of chapter 49-35.
Source:
SL 1950 (SS), ch 17, §18; SDC Supp 1960, §52.1718.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-3 - Certification of election districts by secretary of state--Number of directors--Additional information.

49-36-3. Certification of election districts by secretary of state--Number of directors--Additional information.
Not less than ninety days prior to any election, the secretary of the consumers power district shall certify to the secretary of state the names of the counties, municipalities and election precincts then comprising the district, and at the same time he shall certify the number of directors to be elected and the election districts or subdivisions in which they are to be elected, respectively. The secretary of the district shall also furnish to the secretary of state and officials of election such additional information as they may reasonably require in the proper performance of their duties in the conduct of elections, and the certification of the results of the same.
Source:
SL 1950 (SS), ch 17, §19; SDC Supp 1960, §52.1719; SL 1989, ch 30, §82.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-4 - Increasing or decreasing number of directors--Division of territory for election of directors--Composition of subdivisions--Persons entitled to vote.

49-36-4. Increasing or decreasing number of directors--Division of territory for election of directors--Composition of subdivisions--Persons entitled to vote.
Subject to the provisions of chapters 49-35 to 49-40, inclusive, the board of directors in a consumers power district may amend the petition for its creation, or any amended petition, to increase or decrease the number of its directors, or to provide for the division of the territory of such district into two or more subdivisions for the nomination and election of some or all of the directors, or may do either or both.
A notarized original and an exact or conforming copy of the petition of amendment shall be executed by the president of the board of directors, or other officer of the district so authorized, and shall set forth:
(1)The name of the consumers power district;
(2)The amendment so adopted;
(3)A statement setting forth the date of the meeting of directors at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least a majority of the votes entitled to be cast by directors present at such meeting.
Upon filing of the petition of amendment as provided in this section with the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law, the secretary of state shall file the petition and issue a certificate of amendment to the consumers power district.
Each subdivision shall be composed of one or more voting precincts and the total number of voters in each subdivision shall be approximately the same so far as practicable. The qualified voters of a subdivision of a district may only cast their ballots for candidates for directors to be elected from such subdivision, and for candidates for directors to be elected at large from the whole district, and the ballots for directors shall be prepared accordingly.
Source:
SL 1950 (SS), ch 17, §§20, 22; SDC Supp 1960, §§52.1720, 52.1722; SL 2003, ch 114, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-5 - Precincts not within district--Attachment to adjacent county.

49-36-5. Precincts not within district--Attachment to adjacent county.
Any precincts in a county, the entire territory of which is not within a consumers power district, shall for voting purposes, be attached to an adjoining or adjacent county, which is within the district. Such adjoining or adjacent county shall furnish ballots to the election board of such precinct, and the result of the election shall be certified by the precinct election board to the county furnishing the ballots.
Source:
SL 1950 (SS), ch 17, §21; SDC Supp 1960, §52.1721.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-6 - Vacancies on board of directors--Circumstances creating vacancy--Filling by board of directors.

49-36-6. Vacancies on board of directors--Circumstances creating vacancy--Filling by board of directors.
A vacancy on the board of directors shall exist in the event of the
(1)Death, disability or removal from district of any directors;
(2)Removal from the subdivision from which the director was elected; or
(3)Elimination or detachment from the district of the territory in which a director or directors reside.
In the event of a vacancy, the vacancy shall be filled by the board of directors.
Source:
SL 1950 (SS), ch 17, §23; SDC Supp 1960, §52.1723; SL 1989, ch 403, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-7 - Oath of directors.

49-36-7. Oath of directors.
Before entering upon the duties of his office, every member elected to membership on the board of directors shall take and subscribe to an oath to support the Constitution of the United States and the Constitution of the State of South Dakota, and faithfully and impartially to perform the duties of his office, which oath shall be filed in the Office of the Secretary of State.
Source:
SL 1950 (SS), ch 17, §24; SDC Supp 1960, §52.1724.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-9 - Removal of directors--Grounds for removal.

49-36-9. Removal of directors--Grounds for removal.
Members of the board of directors may be removed from office for the same reasons and in the same manner as provided by law for the removal of county officers under the provisions of §§3-17-6 to 3-17-9, inclusive.
Source:
SL 1950 (SS), ch 17, §26; SDC Supp 1960, §52.1726.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-10 - Exercise of power by board of directors.

49-36-10. Exercise of power by board of directors.
The corporate powers of a consumers power district shall be vested in and exercised by the board of directors of the district.
Source:
SL 1950 (SS), ch 17, §27; SDC Supp 1960, §52.1727.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-11 - Qualifications of director.

49-36-11. Qualifications of director.
No person is qualified to hold office as a member of the board of directors of a consumers power district unless the person is a voter of the district or, if the district be subdivided for election purposes as provided in this chapter, of the subdivision of which the person is a voter. No person is qualified to be a member of more than one district board. No person is qualified to serve as a member if the person's service on the board would be inconsistent with the person's employment or financial interest.
Source:
SL 1950 (SS), ch 17, §27; SDC Supp 1960, §52.1727; SL 1976, ch 298, §3; SL 2015, ch 234, §1.