Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-28-67 Repealed by SL 2006, ch 234 , § 22
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49-28-68
SDCL § 49-28-68 Repealed by SL 1995, ch 259 , § 34
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49-28-69 Compliance with the Unified Carrier Registration Act. 49-28-70 Definitions relating to motor carrier transportation contracts. 49-28-71 Indemnity provisions in motor carrier transportation contracts. 49-28-72 Intermodal equipment agreements.
SDCL § 49-28-69 Compliance with the Unified Carrier Registration Act
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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.
SDCL § 49-28-70 Definitions relating to motor carrier transportation contracts
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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…
SDCL § 49-28-71 Indemnity provisions in motor carrier transportation contracts
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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,…
SDCL § 49-28-72 Intermodal equipment agreements
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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…
SDCL § 49-28-8.1 Repealed by SL 1995, ch 259 , § 5
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49-28-8.2
SDCL § 49-28-8.2 Repealed by SL 1995, ch 259 , § 37
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49-28-9
SDCL § 49-28-9 Repealed by SL 1985, ch 374 , § 49
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49-28-9.1
SDCL § 49-28-9.1 Repealed by SL 1995, ch 259 , § 6
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49-28-10
SDCL § 49-28A-1 Definition
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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 i…
SDCL § 49-28A-10 Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor
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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 January 1, 2006, in any storage facility unless the storage facility has placards warning of the storage of hazardous or explosive material…
SDCL § 49-28A-2 Rules authorized
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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 …
Adoption of federal regulations--Penalty
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The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B, chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, parts 171 to 180, inclusive, as amended through January 1, 2025, and Title 49 of the Code of Federal Regulations, subtitle …
SDCL § 49-28A-3.1 Qualified intrastate drivers under age twenty-one
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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 §
SDCL § 49-28A-3.2 Application of federal hours - of - service regulations to gas or electric utility service vehicles
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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 engag…
SDCL § 49-28A-3.3 Implementation of the 2004 federal hours - of - service amendment to preserve federal funding--Exemption
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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 Safe…
SDCL § 49-28A-4 Repealed by SL 1986, ch 395 , § 2
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49-28A-5 Annual review of regulations. 49-28A-6 Inspection of vehicles and records. 49-28A-7 Accident involving spill or leakage--Notice--Coordination of actions. 49-28A-8 Acceptance and administration of grants and gifts. 49-28A-9
SDCL § 49-28A-5 Annual review of regulations
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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 a…
SDCL § 49-28A-6 Inspection of vehicles and records
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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 §
SDCL § 49-28A-7 Accident involving spill or leakage--Notice--Coordination of actions
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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 coor…
SDCL § 49-28A-8 Acceptance and administration of grants and gifts
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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 , 4-8 A and 4-8 B. Source: SL 1981, ch 241 , § 5; SDCL…
SDCL § 49-28A-9 Repealed by SL 1986, ch 395 , § 3
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49-28A-10 Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor.
SDCL § 49-30-1 Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators
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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 m…
SDCL § 49-30-10 Powers of corporation--Accessory facilities
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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 ne…
SDCL § 49-30-11 Powers of corporation--Rules and regulations for transmission of messages
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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 rule…
SDCL § 49-30-12 Powers of corporation--Condemnation of real property
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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 propert…
SDCL § 49-30-13 Board of directors--Election--Terms of office--Director as stockholder
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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 …
SDCL § 49-30-14 Voting for directors--Filling vacancies
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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…
SDCL § 49-30-15 Meeting for election of directors--Notice of meeting--Waiver of notice
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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 o…
SDCL § 49-30-16 Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken
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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 prop…
SDCL § 49-30-17 Notice to stockholders--Notice by mail
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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 assoc…
SDCL § 49-30-18 Exhibition of corporate books and records
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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.
SDCL § 49-30-19 Officers of corporation--Appointment by directors
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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.
SDCL § 49-30-2 Affidavit of directors--Contents of affidavit--Filing with secretary of state
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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…
SDCL § 49-30-20 Subscriptions for capital stock
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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, an…
SDCL § 49-30-21 Failure to pay for stock--Collection by directors--Forfeiture of previous payments
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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 i…
SDCL § 49-30-22 Increasing capital stock--Two - thirds vote required--Notice of meeting--Effective date of increase
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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 s…
SDCL § 49-30-23 Transfer of stock--Stock deemed personal property
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The stock of every corporation organized under this chapter is deemed personal estate, and is transferable in the manner prescribed in its bylaws, subject to the provisions of §§ 57A-8-301 to 57A-8-307 , inclusive, and §§ 57A-8-401 to 57A-8-407 , inclusive, but no share is transf…
SDCL § 49-30-24 Liability of stockholders--Stock held by fiduciary or as collateral security
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No person holding stock in any corporation organized under this chapter as personal representative, conservator, or trustee, and no person holding such stock as collateral security, is personally subject to any liability as stockholder of such corporation for any calls or install…
SDCL § 49-30-25 Meetings by teleconference
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Unless restricted by the articles of incorporation or bylaws, members of the board of directors or any committee designated by the board of directors may participate in a meeting of such board or committee by means of teleconference or similar communications equipment which allow…
SDCL § 49-30-3 Certificate of incorporation--Name of corporation--Powers
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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 s…
SDCL § 49-30-4 Powers of corporation--Survey for proposed pole line--Entry upon property
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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 an…
SDCL § 49-30-5 Powers of corporation--Holding property for accessory facilities
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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 volunt…
SDCL § 49-30-6 Powers of corporation--Purchase of real property for lines--Disposition of property
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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 …
SDCL § 49-30-7 Powers of corporation--Construction along waters and highways
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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 te…
SDCL § 49-30-8 Powers of corporation--Connection with preexisting lines--Expense of connection
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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 tele…
SDCL § 49-30-9 Powers of corporation--Transmission of messages
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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 message…
SDCL 15-6-11
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Source: SL 1992, ch 328 , § 40.
SDCL 4-8B-10
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Source: SL 1989, ch 401 , § 7.