Title 49 — PUBLIC UTILITIES AND CARRIERS

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…

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…

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…

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.

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.

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 …

Source: SL 2008, ch 249 , § 41; SL 2020, ch 202 , § 2.

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…

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…

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…

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.

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…

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…

49-43-7 Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination. 49-43-8

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…

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…

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'…

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…

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…

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

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…

Upon receipt of an application and sufficient bond as required by § 49-45-9 , the commission may grant the license applied for or may, for good cause shown and after notice and an opportunity for hearing, deny the issuance of the license. If a grain buyer has more than one grain …

Source: SL 1996, ch 245 , § 5; SL 2005, ch 214 , § 22; SL 2008, ch 251 , § 23.

Before transacting the business of a grain buyer in this state, a person shall obtain a grain buyer license from the commission. A violation of this section is a Class 5 felony if the person holds himself or herself out to be a grain broker and a Class 1 misdemeanor in all other …

Terms used in this chapter mean: (1) "Business of a grain buyer," contracting to purchase grain or purchasing grain, regardless of: (a) Where the grain is to be delivered; or (b) Where title to the grain transfers; (2) "Commission," the Public Utilities Commission; (3) "Contract,…

A grain buyer must pay the purchase price to the owner or the owner's agent for grain upon delivery or demand of the owner or agent unless payment is to be made in accordance with the terms of a voluntary credit sale that complies with the requirements of this chapter and rules p…

Upon receiving grain, a grain buyer shall issue to the seller an original uniform scale ticket or comparable receipt for each load of grain received. Tickets or receipts shall be numbered consecutively and a copy of each ticket or receipt shall be retained for six years. Source: …

Each voluntary credit sale of grain entered into by a grain buyer shall be in writing and shall have a settlement date. If a grain buyer meets the requirements set forth in § 57A-2-201(3)(d)(iii) when entering into a voluntary credit sale contract with a seller, the in writing re…

April 1, 2013. 49-45-13 Inspection of buyers' facilities--Examination of books--Subpoena power. 49-45-13.1 Memorandum of adjustments--Civil fine for failure to comply. 49-45-14 Reports by buyers--Public inspection not permitted--Violation as misdemeanor. 49-45-15

The commission shall cause the business facilities of every grain buyer, whether licensed or unlicensed, to be inspected at such times as the commission considers necessary. The inspector shall report in writing to the commission the result of the examination. The inspector may a…

Upon completing an inspection, an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memoran…

Every grain buyer licensed in this state shall, at such times as the commission requires, furnish the commission on forms prepared by the commission, reports showing the facts and information required by the commission. The reports are not for public inspection, but the commissio…

49-45-16 Grounds for suspension of grain buyer's license--Hearing--Revocation. 49-45-16.1 Receiver--Powers and duties. 49-45-17 Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response. 49-45-18 Audit of scale tickets--Certificat…

The commission may immediately suspend the license of a grain buyer and the grain buyer shall surrender the license to the commission if: (1) The grain buyer refuses, neglects, or is unable, upon proper demand, to redeem any scale ticket issued by the grain buyer, through redeliv…

If the commission determines that it is necessary, the commission may apply to the circuit court in the county in which the grain buyer operates or operated for that court to appoint a receiver. The receiver shall have such powers and duties as the court may direct. Source: SL 20…

Any person injured by the breach of any obligation of a grain buyer, 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 pers…

If the commission becomes aware of any act by any grain buyer as described in § 49-45-16 , the commission may: (1) Undertake an immediate audit and verify the names and addresses of all outstanding scale ticket holders as revealed by the audit, and audit and certify the quantity …

Upon the revocation of a grain buyer license, any claim against the grain buyer arising under this chapter must be made in writing and filed with the commission, within ninety days after receiving notice of the revocation. Upon the revocation of a grain buyer license, the commiss…

49-45-3 Expiration, revocation, and suspension of license--Appeal. 49-45-4 49-45-4 , 49-45-5. Repealed by SL 1985, ch 376 , § 81. 49-45-6 Supervision of grain buyers--Promulgation of rules. 49-45-7 Application for license--Contents--Issuance or denial--Multiple warehouses of lice…

49-45-21 Commission authorized to contract for inspection of grain buyers' assessment and checkoff records. 49-45-22 Class A license requirements--Violation as misdemeanor. 49-45-23 Records of grain purchased and contracts. 49-45-24 Notice of destruction of or damage to facility.…

The commission may contract with the Wheat Commission pursuant to § 38-10-41 , with the South Dakota Oilseeds Council pursuant to § 38-27-19 , the Soybean Research and Promotion Council pursuant to § 38-29-14 , the South Dakota Corn Utilization Council pursuant to § 38-32-24 , an…

A grain buyer with a Class A license shall keep all company owned grain in the grain buyer's possession insured at current market value of the grain against loss by fire, windstorm, and extended coverage risks. The grain buyer shall furnish the commission with proof of the insura…

A grain buyer shall keep all records of grain purchased and all contracts issued and canceled in a safe place. The records shall be kept current and open for inspection by the commission. Each record shall be retained for a period of six years. Source: SL 2008, ch 251 , § 21.

A grain buyer shall notify the commission, within twenty-four hours, if the facility of a facility-based grain buyer is destroyed or substantially damaged. Source: SL 2008, ch 251 , § 22.

If during the licensing period a grain buyer becomes aware that the grain buyer is not in compliance with each financial standard, as set forth in the commission's rules, the grain buyer shall immediately notify the commission of the grain buyer's financial condition. When notifi…

A grain buyer, the owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, whether licensed or unlicensed, who or that purchases grain in this state, shall, within five working days of an inspector's request, provide to the inspe…

The owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, who is responsible for any violation of this chapter by a grain buyer is subject to any criminal penalty that applies to a grain buyer under the provisions of this chapt…

If an applicant for a grain buyer 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 relat…

It is a Class 5 felony for a grain broker to: (1) Negotiate or attempt to negotiate a grain transaction with a grain buyer, who is not licensed in accordance with this chapter; or (2) Take title or attempt to take title to grain that is subject to a transaction being negotiated b…

Each license issued pursuant to § 49-45-1 expires on the next June thirtieth following the issuance of the license. The commission may at any time for cause shown revoke or suspend any grain buyer license. However, the grain buyer has the right of appeal from such decisions as pr…