reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-37 - Grant of operating privileges and use of railroad and facilities.

49-17A-37. Grant of operating privileges and use of railroad and facilities.
Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by this chapter, an authority may by contract, lease, or otherwise grant, for such consideration and term as it may determine, to any person the privilege of operating or using any railroad or railroad facilities or property, owned or controlled by the authority.
Source:
SL 1978, ch 344, §35; SL 1981, ch 333, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-39 - Disposition of property of authority.

49-17A-39. Disposition of property of authority.
Except as may be limited by the terms and conditions of any grant, loan, or agreement, made or received by the authority, an authority may, by sale, lease, or otherwise, dispose of any of its property, or portion thereof or interest therein.
Source:
SL 1978, ch 344, §36.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-1 - Definitions.

49-28-1. Definitions.
Terms used in this chapter mean:
(1)" Department," the Department of Revenue;
(2)"Corporation," a corporation, company, association, or joint stock association;
(3)"For hire," for remuneration of any kind, paid or promised for the transportation of persons or property. An occasional accommodative or reciprocal transportation service by a person not in the transportation business while on an errand for such person's benefit, is not a service for hire, even though the person transported shares in the cost or pays for the service;
(4)" FMCSA," Federal Motor Carrier Safety Administration;
(5)"Exempt motor carrier," an interstate motor carrier who is exempt from the FMCSA's jurisdiction over interstate transportation;
(6)"Regulated motor carrier," an interstate motor carrier who is subject to the FMCSA's jurisdiction over interstate transportation;
(7)"Motor carrier," any person, corporation, lessee, trustee, or receiver operating any motor vehicle, trailer, or semitrailer on any public highway in this state for the transportation of persons or property, for hire;
(8)"Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property;
(9)"Permit," the permit authorized to be issued under this chapter;
(10)"Person," a natural person, firm, corporation, limited liability company, copartnership, company, association, joint stock company, or, the lessee, trustee, or receiver appointed by any court for any one of the foregoing;
(11)"Public highway," every street, alley, public road, public thoroughfare, or highway in this state;
(12)"Registration state," the state in which a regulated motor carrier selects to register its interstate motor carrier operations pursuant to 49 USC §14504 and 49 CFR PART 367 as of January 1, 2005;
(13)"Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;
(14)"Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle;
(15)"Board," the Surface Transportation Board as defined in 49 USC §13102(1) as of January 1, 2005;
(16)"Secretary," the secretary of the United States Department of Transportation as that term is defined in 49 USC §13102(17) as of January 1, 2005.
Source:
SDC 1939, §44.0401; SL 1939, ch 173; SL 1945, ch 192; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1981, ch 334, §1; SL 1985, ch 374, §1; SL 1989, ch 256, §10; SL 1989, ch 399, §2; SL 1994, ch 351, §133; SL 1994, ch 356, §1; SL 1995, ch 259, §1; SL 1999, ch 223, §1; SL 2006, ch 234, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-3 - Motor carrier status as question of fact.

49-28-3. Motor carrier status as question of fact.
Whether or not a motor vehicle, trailer, or semitrailer is operated by a motor carrier within the meaning of subdivisions 49-28-1(7) and (8) is a question of fact to be determined by the department.
Source:
SDC 1939, §44.0401 (9); SL 1939, ch 173; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1985, ch 374, §4; SL 1995, ch 259, §2; SL 2006, ch 234, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-33 - Rules governing motor carriers--Promulgation--Conformity with federal rules.

49-28-33. Rules governing motor carriers--Promulgation--Conformity with federal rules.
The department may pursuant to chapter 1-26 adopt rules to establish uniform procedures for the administration of the provisions of this chapter. Rules may be adopted by the department governing motor carriers in the following areas:
(1)Filing information and reports; and
(2)Registration and identification when performing interstate operations within the state.
The Director of the Division of Highway Patrol may promulgate reasonable rules pursuant to chapter 1-26 to promote safety of operations, standards, and safety of equipment. The rules shall conform as nearly as possible with the rules and regulations for safety of operations and equipment adopted by the U.S. Department of Transportation, pursuant to 49 U.S.C. Chapter 311 as amended through January1, 2005.
Source:
SDC 1939, §44.0403; SL 1981, ch 334, §12; SL 1983, ch 335, §29; SL 1984, ch 308; SL 1986, ch 22, §14; SL 1995, ch 259, §25; SL 1999, ch 223, §2; SL 2006, ch 234, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-36.7 - Application for permit.

49-28-36.7. Application for permit.
A motor carrier shall make an application for a single trip permit as required by the department, and the permit secured at a port of entry or by such other means designated by the department prior to beginning movement over the state's highways. The application shall include the applicant's name and business address, a description of the vehicle, and the route of travel suggested for the trip.
Source:
SL 1985, ch 373, §2; SL 1999, ch 223, §8; SL 2006, ch 234, §9; SL 2021, ch 125, § 10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-41 - Cooperation with FMCSA--Department as party in proceedings before FMCSA.

49-28-41. Cooperation with FMCSA--Department as party in proceedings before FMCSA.
The department shall cooperate with the FMCSA, in the administration of motor carrier laws. The department may appear before the FMCSA, the secretary, or the board as a party litigant in all proceedings involving the regulation and control of motor carriers in interstate commerce if, in its opinion, the public interest of the state justifies such participation.
Source:
SDC 1939, §44.0403; SL 1985, ch 374, §35; SL 1999, ch 223, §9; SL 2006, ch 234, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-41.1 - Appearance before FMCSA--Department substituted as party.

49-28-41.1. Appearance before FMCSA--Department substituted as party.
If the department determines upon its own motion or upon the petition of a resident of this state that it is in the best interests of the state, it may appear before the FMCSA, the secretary, or the board as a party in all proceedings involving the regulation and control of motor carriers in interstate commerce. If any matter is pending before the FMCSA, the secretary, or the board between a resident of this state as petitioner and a motor carrier doing business in this state and engaged in interstate transportation of freights, charging the carrier with any violation of the Interstate Commerce Act, upon application of the petitioner, the department may appear therein and be substituted as a party in place of such petitioners and thereafter the matter shall be prosecuted by the department at the expense of the state in the same manner as though originally begun by it.
Source:
SL 1987, ch 350, §3; SL 1999, ch 223, §10; SL 2006, ch 234, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-45 - Disposition of fees received from carriers.

49-28-45. Disposition of fees received from carriers.
All fees or money received by the department under this chapter shall be reported monthly to and deposited with the state treasurer, and credited to the general fund of the state. Those fees and money so deposited shall be used to reimburse the state for the added expense which the state incurs in the administration and enforcement of this chapter and chapter 32-9, and for policing the highways over which such motor vehicles travel.
Source:
SDC 1939, §44.0413; SL 1939, ch 175; SL 1943, ch 159, §1; SL 1985, ch 374, §36; SL 2006, ch 234, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-50 - Reports and statements by carriers.

49-28-50. Reports and statements by carriers.
Each motor carrier shall prepare and file with the department, at such time, and in the form to be prescribed by the department, reports and statements giving to the department such information as it requires in order to perform its duties under this chapter.
Source:
SDC 1939, §44.0419; SL 1975, ch 284, §2; SL 1981, ch 334, §18; SL 1985, ch 374, §38; SL 2006, ch 234, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-51 - Procedure before department.

49-28-51. Procedure before department.
Except as otherwise provided in this chapter or the rules adopted pursuant to this chapter, chapter 1-26 shall govern in all proceedings and investigations before the department in cases arising in connection with the performance by the department of its duties or the exercise of its jurisdiction under this chapter.
Source:
SDC 1939, §44.0417; SL 1985, ch 374, §39; SL 2006, ch 234, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-52 - Enforcement of department's orders.

49-28-52. Enforcement of department's orders.
Orders and final determinations of the department in all proceedings pursuant to this chapter shall be enforced in the manner provided by law for enforcement of orders of the department.
The department may apply to the circuit court in any circuit in which any person or motor carrier operates or maintains a principal headquarters for the enforcement of this chapter and the rules adopted pursuant thereto. The court shall have jurisdiction by writ of injunction, or by other proceedings, mandatory or otherwise, to restrict and enjoin any such person or motor carrier, its officers, agents, employees, or representatives, from further violations of the provisions of law or any lawful order, term, or condition prescribed by the department and enjoining obedience thereto.
Source:
SDC 1939, §44.0417; SL 1985, ch 374, §40; SL 2006, ch 234, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-53 - Procedure for rehearing, review, or appeal.

49-28-53. Procedure for rehearing, review, or appeal.
All final orders, determinations, or decisions of the department in proceedings brought pursuant to this chapter are subject to rehearing in accordance with department rules and are subject to review or appeal in accordance with chapter 1-26.
Source:
SDC 1939, §44.0418; SL 1985, ch 374, §41; SL 1995, ch 259, §32; SL 2006, ch 234, §16.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-62 - Violation of chapter as misdemeanor.

49-28-62. Violation of chapter as misdemeanor.
Any person who operates any motor vehicle for the transportation of persons or property for hire on any public highway in this state, except in accordance with the provisions of this chapter, is guilty of a Class 2 misdemeanor. A subsequent violation of this section within any six-month period is a Class 1 misdemeanor.
Source:
SDC 1939, §44.9925; SL 1985, ch 374, §44; SL 1992, ch 327, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-63 - Noncompliance with chapter or with department order as misdemeanor.

49-28-63. Noncompliance with chapter or with department order as misdemeanor.
Any motor carrier which is subject to this chapter or, if any such motor carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who violates or fails to comply with or who procures, aids, or abets in the violation of any provision of this chapter, or who fails to obey, observe, or comply with any lawful order, decision, rule, regulation, direction, demand, or requirement of the department, or any part or provision thereof, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.9926; SL 1985, ch 374, §45; SL 2006, ch 234, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-64 - Discrimination, false statements or documents, and evasion of regulation as misdemeanors.

49-28-64. Discrimination, false statements or documents, and evasion of regulation as misdemeanors.
Any carrier or any officer, employee, agent, or representative thereof who knowingly and willfully fraudulently seeks to evade or defeat regulation as in this chapter provided for motor carriers is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.9931 as enacted by SL 1949, ch 177; SL 1985, ch 374, §46; SL 1995, ch 259, §33.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-66 - Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.

49-28-66. Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
The inspectors of the Department of Public Safety or any law enforcement officer may require the driver of a commercial vehicle to stop a vehicle at any time for inspection to determine if the provisions of this chapter are being complied with. Any driver who fails to stop and submit the driver's vehicle to such inspection is guilty of a Class 2 misdemeanor.
Source:
SL 1971, ch 261, §2; SL 1983, ch 15, §111; SL 1983, ch 335, §31; SL 1985, ch 374, §48; SL 2003, ch 272 (Ex. Ord. 03-1), §19; SL 2006, ch 234, §21.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-69 - Compliance with the Unified Carrier Registration Act.

49-28-69. Compliance with the Unified Carrier Registration Act.
Notwithstanding any provisions of this chapter, the department may participate in and comply with the Unified Carrier Registration Act of 2005.
Source:
SL 2006, ch 234, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-70 - Definitions relating to motor carrier transportation contracts.

49-28-70. Definitions relating to motor carrier transportation contracts.
Terms used in this section and §49-28-71 mean:
(1)"Affiliate," any employee or agent of a promisee, or any independent contractor who is directly responsible to a promisee other than a motor carrier that is a party to a motor carrier transportation contract with the promisee or an employee or agent of such motor carrier or an independent contractor directly responsible to such motor carrier;
(2)"Motor carrier transportation contract," a contract or agreement between a motor carrier and a promisee covering the transportation of property for hire by the motor carrier; the motor carrier's entrance on property for the purpose of loading, unloading, or transporting property for hire; or any service of the motor carrier that is incidental to these activities, including the storage of property;
(3)"Promisee," any person who enters into a motor carrier transportation contract with a motor carrier.
Source:
SL 2012, ch 228, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-71 - Indemnity provisions in motor carrier transportation contracts.

49-28-71. Indemnity provisions in motor carrier transportation contracts.
Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate, or have the effect of indemnifying, holding harmless, or defending the promisee or affiliate from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee or affiliate. Any provision of any contract or agreement entered into after July 1, 2012 that violates this section is void and unenforceable.
Source:
SL 2012, ch 228, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28 - Motor Carrier Regulation › Section 49-28-72 - Intermodal equipment agreements.

49-28-72. Intermodal equipment agreements.
Sections 49-28-70 and 49-28-71 do not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
Source:
SL 2012, ch 228, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-1 - Definition.

49-28A-1. Definition.
The term, "motor vehicle", as used in this chapter means any self-propelled or towed vehicle used on the highways in commerce to principally transport passengers or cargo:
(1)If the vehicle has a gross vehicle weight of ten thousand and one or more pounds;
(2)If the vehicle is designed to transport more than fifteen passengers, including the driver; or
(3)If the vehicle is used in the transportation of materials found by the United States Department of Transportation to be hazardous for the purpose of the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801 et seq.).
Source:
SL 1984, ch 309, §1; SL 1993, ch 235, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-2 - Rules authorized.

49-28A-2. Rules authorized.
The director of the Division of the Highway Patrol may promulgate rules in accordance with chapter 1-26, for the enforcement of motor carrier safety regulations and for the safe transportation of hazardous materials by a motor vehicle. The rules may not apply to any radioactive materials being transported under a permit issued by the U.S. Nuclear Regulatory Commission.
Source:
SL 1981, ch 241, §1; SDCL Supp, §32-9-48; SL 1984, ch 309, §2; SL 1986, ch 22, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-3.1 - Qualified intrastate drivers under age twenty-one.

49-28A-3.1. Qualified intrastate drivers under age twenty-one.
Notwithstanding the provisions of §49-28A-3, any person under the age of twenty-one but over the age of eighteen may become a qualified intrastate driver if the person is certified as a private applicator pursuant to §38-21-23.
Source:
SL 1988, ch 374; SL 2009, ch 238, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-3.2 - Application of federal hours-of-service regulations to gas or electric utility service vehicles.

49-28A-3.2. Application of federal hours-of-service regulations to gas or electric utility service vehicles.
Hours-of-service regulations promulgated by the United States Department of Transportation at 68 Federal Register 22456, in April 2003, (Federal hours-of-service amendments) shall apply to utility service vehicles owned or operated by gas or electric utilities while engaged in intrastate commerce within this state, on or after January 1, 2006. However, hours-of-service regulations that were applicable in the State of South Dakota immediately prior to January 4, 2004, shall remain applicable to gas or electric utility service vehicles until January 1, 2006.
Source:
SL 2004, ch 282, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-3.3 - Implementation of the 2004 federal hours-of-service amendment to preserve federal funding--Exemption.

49-28A-3.3. Implementation of the 2004 federal hours-of-service amendment to preserve federal funding--Exemption.
If the United States Department of Transportation issues an official formal finding that one or more portions of §49-28A-3, §§49-28A-3.2 and 49-28A-3.3, inclusive, may result in the loss of Federal Motor Carrier Safety Assistance Program funding, the Department of Public Safety may, by rule promulgated pursuant to chapter 1-26, implement the 2004 federal hours-of-service amendment as may be appropriate to preserve such federal funding.
If federal law or regulations are amended, or otherwise altered under law, at any time to cause to be exempted a class or group of vehicles, which class or group would include such gas or electric utility service vehicles within this state, from the hours-of-service requirements, any exemption shall be effective in this state immediately for the duration of the federal exemption.
Source:
SL 2004, ch 282, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-5 - Annual review of regulations.

49-28A-5. Annual review of regulations.
The director of the Division of the Highway Patrol shall annually review the regulations for motor carrier safety and the transportation of hazardous materials as contained in the code of federal regulations to determine if the rules promulgated pursuant to §49-28A-2 should be amended.
Source:
SL 1981, ch 241, §3; SDCL Supp, §32-9-50; SL 1984, ch 309, §4; SL 1986, ch 22, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-6 - Inspection of vehicles and records.

49-28A-6. Inspection of vehicles and records.
The Department of Public Safety shall have the right of entry to inspect a motor carrier's vehicles and records for compliance with the rules adopted under §49-28A-2. This includes authority to break cargo seals to inspect the stability of the load and its hazardous nature and to enter upon the carrier's premises and inspect and copy documents.
Source:
SL 1984, ch 309, §4A; SL 2003, ch 272 (Ex. Ord. 03-1), §22.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-7 - Accident involving spill or leakage--Notice--Coordination of actions.

49-28A-7. Accident involving spill or leakage--Notice--Coordination of actions.
In the event of an accident resulting in a spill or leakage of a hazardous material, the motor carrier or the first law enforcement officer to arrive at the scene of the accident shall immediately contact the Department of Public Safety. The Department of Public Safety shall coordinate all actions in response to a spill or leakage of a hazardous material.
Source:
SL 1981, ch 241, §4; SDCL Supp, §32-9-51; SL 1984, ch 309, §5; SL 2006, ch 235, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-8 - Acceptance and administration of grants and gifts.

49-28A-8. Acceptance and administration of grants and gifts.
The Department of Public Safety and the Department of Agriculture and Natural Resources may accept and administer grants and gifts for carrying out functions pursuant to this chapter, subject to the provisions of chapters 4-8, 4-8A and 4-8B.
Source: SL 1981, ch 241, §5; SDCL Supp, §32-9-52; SL 1984, ch 309, §6; SL 1991, ch 17, §17; SL 2003, ch 272 (Ex. Ord. 03-1), §22; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 28A - Hazardous Material Transportation Safety › Section 49-28A-10 - Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor.

49-28A-10. Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor.
No person may store any hazardous materials or class 1.1, 1.2, 1.3, 1.4, or 1.5 explosives, as outlined under 49 CFR 172, as amended through January1, 2006, in any storage facility unless the storage facility has placards warning of the storage of hazardous or explosive materials. The placards at a storage facility shall be in plain sight, shall be so located that a bullet passing through any of the placards will not strike the storage facility, and may not be more than one hundred feet apart. The owner of any storage facility storing hazardous or explosive material shall maintain shipping records on such hazardous or explosive materials on the premises and shall provide the shipping records to any law enforcement agency or fire department upon demand. A violation of this section is a Class 1 misdemeanor. For the purposes of this section, a storage facility is any enclosed structure where materials are kept or warehoused.
The provisions of this section do not apply to a retail business establishment licensed under the provisions of chapter 10-45, residential property, a storage shed on residential property or any farm building, but only to warehouse facilities whose structure is separated from retail establishments.
Source:
SL 1991, ch 384; SL 2006, ch 236, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-1 - Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators.

49-30-1. Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators.
Any number of persons not less than three may form a corporation for the purpose of constructing, maintaining, and operating lines of telegraph or telephone in this state, and for the purpose of carrying on the business of a telegraph or telephone company, or for the purpose of maintaining and operating any lines of telegraph or telephone already constructed, by making articles of incorporation in which shall be stated:
(1)The name of the corporation, which may not be the same as that of any other corporation owning or operating lines of telegraph or telephone in this state;
(2)The place from which and to which such lines of telegraph or telephone are to be constructed, or maintained and operated, as the case may be;
(3)The estimated length of such lines of telegraph or telephone, and the name of each county in this state through or into which they are extended or intended to be constructed;
(4)The amount of capital stock of the corporation, the number of shares of which it shall consist, and, if such stock shall consist of common and preferred stock, the number and amount of each class;
(5)The names and residences of the directors of the corporation who shall manage its affairs for the first year and until others are chosen in their places, and who may not be less than three nor more than thirteen in number;
(6)The term for which the corporation shall exist, which may be perpetual;
(7)The place within this state where the principal office of the corporation shall be maintained, and where the corporate records and stock books of the corporation shall be kept.
Each of the incorporators shall subscribe to the articles of incorporation the incorporator's name, place of residence, and the number of shares of stock the incorporator agrees to take in such corporation.
Source:
SDC 1939, §52.1303; SL 2001, ch 255, §1; SL 2018, ch 265, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-2 - Affidavit of directors--Contents of affidavit--Filing with secretary of state.

49-30-2. Affidavit of directors--Contents of affidavit--Filing with secretary of state.
There shall be annexed to the articles of incorporation described by §49-30-1 an affidavit of at least three of the directors therein named that the signatures thereto are genuine and that it is intended in good faith to construct, or maintain and operate, the lines of telegraph or telephone therein mentioned, and thereupon such articles of incorporation and affidavit shall be filed in the office of the secretary of state, who shall endorse thereon the date of their filing and record the same.
Source:
SDC 1939, §52.1303.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-3 - Certificate of incorporation--Name of corporation--Powers.

49-30-3. Certificate of incorporation--Name of corporation--Powers.
After filing of the articles of incorporation and affidavit pursuant to §49-30-2, a certificate of corporate existence, under the seal of the state and signed by the Governor and secretary of state, shall be issued to the subscribers to such articles; and all such persons who shall thereafter become stockholders in such corporation shall be a corporation by the name specified in such articles, and shall possess all the powers and privileges and be subject to all the provisions of this chapter applicable thereto.
Source:
SDC 1939, §52.1303.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-4 - Powers of corporation--Survey for proposed pole line--Entry upon property.

49-30-4. Powers of corporation--Survey for proposed pole line--Entry upon property.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to cause such examination and surveys for its proposed lines of telegraph or telephone to be made as may be necessary to the selection of the most advantageous routes, and for such purposes, by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damage that shall be done thereto.
Source:
SDC 1939, §52.1311 (1).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-5 - Powers of corporation--Holding property for accessory facilities.

49-30-5. Powers of corporation--Holding property for accessory facilities.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to make and hold such voluntary grants of real and other property as may be made to it to aid in the construction, maintenance, and accommodation of its line of telegraph or telephone, but the real property received by voluntary grant shall be held and used for the purposes of such grant only.
Source:
SDC 1939, §52.1311 (2).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-6 - Powers of corporation--Purchase of real property for lines--Disposition of property.

49-30-6. Powers of corporation--Purchase of real property for lines--Disposition of property.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to acquire by purchase such real and other property as may be necessary for the construction, maintenance, and operation of its lines of telegraph or telephone, to hold and use the same, to lease or otherwise dispose of any part or parcel thereof, or sell the same when no longer necessary to its use.
Source:
SDC 1939, §52.1311 (3).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-7 - Powers of corporation--Construction along waters and highways.

49-30-7. Powers of corporation--Construction along waters and highways.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to construct its lines of telegraph or telephone across, along, or upon any stream of water, watercourse, street, highway, toll or wagon road, plank road, turnpike, wharf, levee, river front, steamboat, or other public landing, or canal, which its line shall intersect or touch.
Source:
SDC 1939, §52.1311 (4).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-8 - Powers of corporation--Connection with preexisting lines--Expense of connection.

49-30-8. Powers of corporation--Connection with preexisting lines--Expense of connection.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to connect its lines of telegraph or telephone with any lines of telegraph or telephone heretofore or hereafter constructed; provided that no corporation which shall have constructed its lines of telegraph or telephone at the point of intersection shall be required to alter or change the location of the same, or be required to bear any part of the expense of making and maintaining such connection.
Source:
SDC 1939, §52.1311 (5).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-9 - Powers of corporation--Transmission of messages.

49-30-9. Powers of corporation--Transmission of messages.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to take and transmit messages over its lines of telegraph or telephone by power or force of electricity, and to receive compensation therefor, and to do all the business incident to telegraph or telephone corporations.
Source:
SDC 1939, §52.1311 (6).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-10 - Powers of corporation--Accessory facilities.

49-30-10. Powers of corporation--Accessory facilities.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to erect and maintain all necessary and convenient buildings, fixtures, and machinery for the accommodation and use of its patrons, and for the carrying on of its business.
Source:
SDC 1939, §52.1311 (7).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-11 - Powers of corporation--Rules and regulations for transmission of messages.

49-30-11. Powers of corporation--Rules and regulations for transmission of messages.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to establish reasonable rules and regulations concerning the time and manner in which messages shall be transmitted, and the compensation to be paid therefor.
Source:
SDC 1939, §52.1311 (8).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-12 - Powers of corporation--Condemnation of real property.

49-30-12. Powers of corporation--Condemnation of real property.
Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to acquire such real property as may be necessary for the construction and maintenance of its lines of telegraph or telephone by condemnation, as prescribed by law and the rules of practice and procedure pertaining to condemnation proceedings.
Source:
SDC 1939, §52.1311 (9).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-13 - Board of directors--Election--Terms of office--Director as stockholder.

49-30-13. Board of directors--Election--Terms of office--Director as stockholder.
There shall be a board of not less than three nor more than thirteen directors of every corporation organized under this chapter to manage its affairs, who shall be elected at the time, in the manner and for the terms as are prescribed by its bylaws, and shall hold their offices until the respective successors are chosen. No person may be a director unless the person is a stockholder, owning stock absolutely in the person's own name or as a trustee or personal representative, and qualified to vote at the election at which the person is chosen.
Source:
SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1; SL 2018, ch 265, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-14 - Voting for directors--Filling vacancies.

49-30-14. Voting for directors--Filling vacancies.
In the election of directors each stockholder shall be entitled to one vote, either in person or by proxy, for every share of stock owned by him for thirty days next preceding such election. Vacancies shall be filled in the manner prescribed in the bylaws. Inspectors of the first election of directors shall be appointed by the board of directors named in the articles of incorporation, and thereafter as provided by the bylaws.
Source:
SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-15 - Meeting for election of directors--Notice of meeting--Waiver of notice.

49-30-15. Meeting for election of directors--Notice of meeting--Waiver of notice.
If, for any reason, the election of directors shall not have been held at the time fixed therefor by law, the same may be held at any time thereafter on a notice of twenty days. Such election may be called by a majority of the directors or by the stockholders holding a majority of the stock; but at any meeting at which all the stockholders shall be present or be represented by attorney or proxy, it shall be lawful to waive notice and proceed to an election of directors.
Source:
SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-16 - Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken.

49-30-16. Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken.
In the case of rural telephone companies where it is no longer possible, by reasonable diligence, to procure the attendance in person or by proxy of the owners of the proper majority of the shares of all the subscribed capital stock as shown by the books of the company, or a proper majority of the members if there be no capital stock, by reason of death, removal from the state, or the whereabouts of a stockholder or member being unknown, a lesser number of stockholders or members may meet, elect a board of directors and transact any other business necessary to the proper conduct of the telephone company or association or vote on resolutions to reorganize or dissolve the corporation, sell the corporate assets and repeal or amend the articles of incorporation, with the same force and effect as though a proper majority of such stockholders and members were present; provided further, any action taken by a lesser number than a proper majority shall not be binding upon the company or association unless at least two-thirds of all stockholders or members whose respective post-office address is known are represented in person or by proxy. An affidavit by the secretary or treasurer of the company or association generally stating that all of the members or stockholders of the company or association cannot be found and further stating the number of members or stockholders whose whereabouts are known, will be proof of reasonable diligence for the purposes of this section and certify the authority of the lesser number of known stockholders or members to so vote.
Source:
SDC 1939, §52.1305 as added by SL 1943, ch 178; SL 1955, ch 227, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-17 - Notice to stockholders--Notice by mail.

49-30-17. Notice to stockholders--Notice by mail.
In all cases, written notice of any meeting of stockholders held for the purpose described in §49-30-16 shall be transmitted by mail by the secretary or manager to all stockholders or members at their last known post office addresses as shown by the books of the company or association at least ten days prior to the date fixed for such meeting. In case it is known that their current post office address is different from that shown by such books, such notice shall be sent to them at such last known address.
Source:
SDC 1939, §52.1305 as added by SL 1943, ch 178; SL 1955, ch 227, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-18 - Exhibition of corporate books and records.

49-30-18. Exhibition of corporate books and records.
At every election of directors the books and papers of a corporation organized under this chapter shall be exhibited to the meeting if a majority of the stockholders present require it.
Source:
SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-19 - Officers of corporation--Appointment by directors.

49-30-19. Officers of corporation--Appointment by directors.
The directors shall appoint one of their number president; they also may appoint a vice-president, secretary, and treasurer, and such other officers and agents as shall be prescribed by the bylaws of such corporation.
Source:
SDC 1939, §52.1306.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-20 - Subscriptions for capital stock.

49-30-20. Subscriptions for capital stock.
When the certificate of corporate existence is issued, the directors may, in case the whole of the capital stock shall not have been before subscribed, open books of subscription to fill up the capital stock at such time and after giving such notice as they may deem expedient, and may from time to time receive subscriptions until the capital stock is subscribed.
Source:
SDC 1939, §52.1304.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-21 - Failure to pay for stock--Collection by directors--Forfeiture of previous payments.

49-30-21. Failure to pay for stock--Collection by directors--Forfeiture of previous payments.
The directors may require any amounts unpaid upon the capital stock to be paid in such manner and in such installments as they deem proper. If any stockholder shall neglect to pay any installment as required by a resolution of the board, and the board shall have caused a notice in writing to be served on him personally or by depositing the same in the post office, postage paid, properly directed to him at the post office nearest his usual place of residence at least sixty days previous to the day on which such payment is required to be made, stating that he is required to make such payment at the time and place in such notice specified, and if he fails so to do his stock and all previous payments thereon will be forfeited for the use of the corporation, such board may declare such stock and previous payments forfeited, and they shall be forfeited accordingly to the use of the corporation, or such board may in any case enforce payment by action at law.
Source:
SDC 1939, §52.1307.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-22 - Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective date of increase.

49-30-22. Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective date of increase.
The capital stock of any corporation organized under this chapter may be increased to such amount as may by its stockholders be deemed necessary for the construction or operation of its lines of telegraph or telephone, by a vote of the owners of at least two-thirds of all its stock, in person or by proxy, at any annual meeting, or at any meeting called by its directors for that purpose by a notice in writing to each stockholder, to be served on him personally or by depositing the same in the post office, postage paid, properly directed to him at the post office, if known, nearest his usual place of residence, at least twenty days prior to such meeting. Such notice shall state the time and place of such meeting, its object, and the amount to which it is proposed to increase such capital stock. No vote in favor of such increase shall take effect until the proceedings of such meeting, showing the names of the stockholders voting therefor and the amount of stock owned by each, shall be entered upon the records of such corporation.
Source:
SDC 1939, §52.1309.