61 chapters · 1,170 sections in this title.
SDCL § 49-47-1 Definitions
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Terms used in this chapter mean: (1) "Adequate remediation," corrective action by an electric utility that results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the electric utility's distribution system of fifty percent or less …
SDCL § 49-47-2 Promulgation of rules
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Within twelve months of July 1, 2015, the commission shall promulgate rules, pursuant to chapter 1-26 , concerning: (1) Acceptable standards for measurements of stray voltage; (2) Procedures and requirements for testing used to measure stray voltage; (3) Responsibilities of dairy…
SDCL § 49-47-3 Notice to utility prerequisite to civil action--Utility measurements--Remedial procedures
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Any dairy producer in this state who claims that the producer's dairy cows are being affected by any form or type of electrical energy allegedly attributable to an electric utility including, without limitation, stray current or voltage, shall, as a condition precedent to commenc…
SDCL § 49-47-4 Complaint of failure to comply with chapter--Decision by commission
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A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine: (1) Whether the dairy producer has provided the requisite notice to the electr…
SDCL § 49-47-5 Bad faith or harassment claims
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If, after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility's actual costs of investigation. If, after hearing, the commiss…
SDCL § 49-47-6 Civil actions
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No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of § 49-47-3 , and the commission has issued an o…
SDCL § 49-47-7 Limitation of damages in civil action
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In any civil action against an electric utility for damages pursuant to this chapter, a dairy producer is limited to those damages which were incurred by the dairy producer during that period of time commencing twelve months prior to the dairy producer's provision of notice to th…
SDCL § 49-47-8 Negligence claims only permitted
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Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to § 49-47-4 or 49-47-5 , negligence per se. In determining whether the utility was neg…