Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-43-5 Repealed by SL 1985, ch 376 , § 81
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49-43-5.1 Application for license--Contents--Multiple warehouses of licensee. 49-43-5.2 Application fee. 49-43-5.3 Purpose of bond--Amount--Multiple warehouses. 49-43-5.4
SDCL § 49-43-5.1 Application for license--Contents--Multiple warehouses of licensee
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The application for a license to operate as a public grain warehouse made pursuant to § 49-43-4.2 shall be in writing, in a form prescribed by the commission, and shall set forth the name, principal office or place of business, location of each warehouse if more than one warehous…
SDCL § 49-43-5.2 Application fee
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The application for a license to operate as a public grain warehouse shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the warehouse operator receives or stores grain for hire. Source: SL 1985, ch 376 , § 19; SL 1996, ch …
SDCL § 49-43-5.3 Purpose of bond--Amount--Multiple warehouses
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The bond required by § 49-43-4.3 for public grain warehouses is for the specific purpose of protecting persons storing grain with the warehouse. The warehouse operator shall furnish a single bond in an amount equal to one-half of the local market value of the grain stored in the …
SDCL § 49-43-5.4 Repealed by SL 1989, ch 404 , § 3
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49-43-5.5 Filing of other financial documents in lieu of bond. 49-43-5.6 Grounds for suspension of license. 49-43-5.7 Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response. 49-43-5.8 Possession of warehouse by commission--Noti…
SDCL § 49-43-5.5 Filing of other financial documents in lieu of bond
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If the Public Utilities Commission determines, because a corporate surety company becomes insolvent or ceases to write grain warehouse bonds in this state, that a bond in the sum required by § 49-43-5.3 cannot be executed, the commission may, by rule, authorize the filing of othe…
SDCL § 49-43-5.6 Grounds for suspension of license
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The commission may immediately suspend the license of a warehouse operator and the warehouse operator shall surrender the license to the commission if: (1) The warehouse operator, whether licensed or unlicensed, refuses, neglects, or is unable, upon proper demand, to redeem any w…
SDCL § 49-43-5.7 Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response
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Any person injured by the breach of any obligation of a warehouseman, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person's own name in any court of competent jurisdiction to recover any damages the per…
SDCL § 49-43-5.8 Possession of warehouse by commission--Notification of surety
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If the commission becomes aware of any act by any warehouse operator as described in § 49-43-5.6 , the commission may: (1) Take immediate possession of the warehouse facility, and undertake an immediate audit and verify the names and addresses of all outstanding warehouse receipt…
SDCL § 49-43-5.9 Claim against warehouseman--Time limitation--Notice of revocation of license
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Upon revocation, termination, or cancellation of a warehouse license, any claim against the warehouseman arising under this chapter shall be made in writing with the commission within six months after receiving notice of revocation, termination, or cancellation. Upon revocation o…
SDCL § 49-43-50 Appeal of commission decision
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An aggrieved party may appeal any decision of the commission made in the course of administration of this chapter in accordance with chapter 1-26 . Source: SL 2008, ch 249 , § 38.
SDCL § 49-43-51 Falsely weighing agricultural product as misdemeanor
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It is a Class 1 misdemeanor for any person to falsely weigh any grain or any other agricultural product. Source: SL 2008, ch 249 , § 39.
SDCL § 49-43-52 Grain and warehouse fund established
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Any money collected by the commission pursuant to chapters 49-43 and 49-45 shall be paid into the state treasury and credited to the grain and warehouse fund which is hereby established in the state treasury. Any money credited in the fund and any interest earned on the fund are …
SDCL § 49-43-53 Repealed
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Source: SL 2008, ch 249 , § 41; SL 2020, ch 202 , § 2.
SDCL § 49-43-54 Contract with independent provider to maintain electronic warehouse receipts
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A warehouse operator may contract with an independent provider to maintain electronic warehouse receipts for grain. A warehouse operator shall issue electronic warehouse receipts through only one independent provider. Prior to engaging in the issuance of electronic warehouse rece…
SDCL § 49-43-55 Commission approval of independent provider--Revocation of approval
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The independent provider shall be approved by the commission prior to operating in the state. The commission may approve an independent provider if the commission finds the independent provider is able to maintain a secure electronic central filing system of electronic records in…
SDCL § 49-43-56 Maintenance of secure electronic central filing system--Promulgation of rules
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An independent provider shall file and maintain electronic warehouse receipts only on behalf of licensed warehouse operators who contract with the independent provider for those services. An independent provider shall maintain a secure electronic central filing system of electron…
SDCL § 49-43-57 Depositor right to paper warehouse receipt
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No warehouse operator may require a depositor to accept an electronic warehouse receipt in lieu of a paper warehouse receipt. Source: SL 2012, ch 232 , § 5.
SDCL § 49-43-58 Commission access to central filing system--Memorandum of adjustments--Civil penalties
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An independent provider shall allow the commission unrestricted access to the central filing system for electronic warehouse receipts maintained on behalf of warehouse operators licensed by the commission. The electronic warehouse receipt data shall be maintained for six years af…
SDCL § 49-43-59 Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim
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An independent provider shall allow for the commission to be a sole or joint holder of an electronic warehouse receipt if the issuing warehouse operator's license has been revoked and at least one of the following applies: (1) The electronic warehouse receipt has been surrendered…
SDCL § 49-43-6 Repealed by SL 1985, ch 376 , § 81
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49-43-7 Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination. 49-43-8
SDCL § 49-43-60 Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs
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Prior to being approved as an independent provider by the commission, an independent provider shall be authorized to transact business in the State of South Dakota and shall consent to jurisdiction in the State of South Dakota and venue in Hughes County, South Dakota. An independ…
SDCL § 49-43-61 Parent company furnishing financial statements responsible for financial obligations of licensed entity
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If an applicant for a warehouse license that is a subsidiary of a parent company submits the financial statements of the parent company, the parent company furnishing the financial statements is responsible for all the financial obligations incurred by the licensed entity related…
SDCL § 49-43-62 Grain warehouse operator's financial condition--Notice to commission--Penalty--Civil fine
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If during the licensing period a grain warehouse operator becomes aware that the grain warehouse is not in compliance with each financial standard, as set forth in the commission's rules, the grain warehouse operator shall immediately notify the commission of the grain warehouse'…
SDCL § 49-43-63 Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty
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The owner, manager, or chief executive officer of a grain warehouse, or any other person in a managerial position, who is responsible for any violation of this chapter by a grain warehouse is subject to any criminal penalty that applies to a grain warehouse under the provisions o…
SDCL § 49-43-7 Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination
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At the time of licensing, a grain warehouse operator shall file with the commission the rates charged by the grain warehouse for storing, receiving, and redelivering grain. A grain warehouse operator may file different rates for different commodities and the rates shall be effect…
SDCL § 49-43-8 Repealed by SL 1994, ch 359 , § 5
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49-43-9 Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor. 49-43-10 Yearly grain measurement--Additional reports--Violation as misdemeanor. 49-43-10.1
SDCL § 49-43-9 Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor
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The operator of each public grain warehouse shall, on or before the tenth day of each month and at such additional times as the commission requires, furnish the commission on forms prepared by the commission, reports showing the facts and information required by the commission. T…