Title 49, PUBLIC UTILITIES AND CARRIERS

Any district may amend its petition to provide for a change in its name or change in the location of its principal place of business and may reduce or increase the number of members of its board of directors. No elimination or detachment, increase, enlargement, annexation, or con…

A district may be created as provided in this chapter, and when so created, shall be a public corporation and political subdivision of this state, and may sue or be sued in its corporate name, and have all other powers in chapters 49-35 to 49-40 , inclusive, or hereafter prescrib…

The proposed amendment is effective and in full force immediately upon the issuance of a certificate of amendment by the secretary of state. Thereupon the district, as in the case of the original district, is a public corporation and political subdivision, and shall operate and f…

Chapters 49-35 to 49-40 , inclusive, may be cited as the "Consumers Power Districts Law." Source: SL 1950 (SS), ch 17 , § 1; SDC Supp 1960, § 52.1701.

A consumers power district may be composed of the territory of one or more municipalities or rural areas as defined in this chapter, whether contiguous or otherwise, but no municipality or voting precinct shall be divided in the formation of a district. Nothing in chapters 49-35 …

A consumers power district may be created only by election and the procedure as provided in this chapter. Source: SL 1950 (SS), ch 17 , § 5; SDC Supp 1960, § 52.1705.

A consumers power district may be organized in a rural area under the provisions of this chapter by filing within ninety days after the earliest date of the signing by any petitioner in the office of the clerk of courts of the county in which the principal place of business of sa…

The petition for the organization of a consumers power district shall be addressed to the secretary of state and shall state in substance that it is the intent and purpose of the petitioners to create such a district under the provisions of this chapter subject to approval by the…

The petition for the organization of a consumers power district shall be signed by five percent of the qualified electors of the proposed district. The number of votes cast for Governor at the general election within the boundaries of the proposed district next preceding the fili…

Every sheet of every petition for the organization of a consumers power district containing signatures shall have upon it and below the signatures a circulator's verification as required by subdivision 12-1-3(8). Source: SL 1950 (SS), ch 17 , § 9; SDC Supp 1960, § 52.1709; SL 199…

After the selection of the original board of directors of a consumers power district as provided for in chapter 49-35 , their successors shall be nominated and elected and shall take office as provided in this chapter. Qualified voters of the political subdivision or subdivisions…

All candidates for the office of director of a consumers power district shall be nominated and voted for at the primary and general elections in the manner provided by this chapter. Source: SL 1989, ch 403 , § 5.

If after nominations have been made under the provisions of this chapter and the number of nominees for a director office shall be reduced through death, withdrawal or disqualification of a nominee, the registered voters of the district may, if there is sufficient time for filing…

It is a Class 2 misdemeanor for any political party to endorse or nominate by any convention, or other method, any candidate for director. Source: SL 1989, ch 403 , § 6.

Nominating petitions for director filed pursuant to this chapter shall state the director position sought, using the designations established by the secretary of state on file in the office of the secretary of state within the time prescribed by § 12-6-4 and shall be signed by no…

In any petition filed by or on behalf of any candidate for nomination to director office at any primary election or any attachment thereto, no reference may be made to any party ballot or to the party affiliation of the candidate. Source: SL 1989, ch 403 , § 8.

If nominating petitions filed on behalf of candidates do not exceed twice the number of persons for the number of director positions to be filled, the names of the persons need not be placed upon the primary ballot and the persons shall be the nominees for the positions. Source: …

The order of names of director candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate has the right to be present or represented when the arrangement is being determined. Source: SL 1989, ch 403 , § 10.

At all primary elections at which candidates for director office are to be nominated and a primary is required, the county auditors shall prepare and furnish separate ballots upon which shall be placed the names of the candidates for the offices. The ballots shall be entitled "no…

The form of the nonpolitical consumers power district ballot shall be prescribed by the Board of Elections. Source: SL 1989, ch 403 , § 12.

The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election. Source: SL 1989, ch 403 , § 13.

The corporate powers of a consumers power district shall be vested in and exercised by the board of directors of the district. Source: SL 1950 (SS), ch 17 , § 27; SDC Supp 1960, § 52.1727.

No person is qualified to hold office as a member of the board of directors of a consumers power district unless the person is a voter of the district or, if the district be subdivided for election purposes as provided in this chapter, of the subdivision of which the person is a …

The board of directors of a consumers power district may adopt rules and regulations, or bylaws, which are not inconsistent with the provisions of chapters 49-35 to 49-40 , inclusive, for the conduct of the business and affairs of the district. A majority of the members of the bo…

The board of directors of a consumers power district shall elect the officers of the district, who shall be a president, a vice - president, a secretary, and a treasurer, and the board may appoint an executive committee and other officers, including a general manager, agents, ser…

The treasurer, and other officers and employees the board of directors may designate, shall furnish and maintain a corporate surety bond in the amount of twenty thousand dollars. The bond shall be satisfactory in form and with sureties approved by the board. The bond shall be fil…

A general manager may be employed by a consumers power district on such terms as the board deems advisable. He shall be the chief executive officer of the district and, subject to the control of the board of directors, shall manage, conduct, and administer the affairs of the dist…

Members of the board of directors shall be paid their actual expenses while engaged in performing the duties of their office or otherwise engaged upon the business of the district. In addition thereto, they each shall receive as compensation for their services a sum to be determi…

No officer, employee, or member of the board of directors of a consumers power district may be interested, directly or indirectly, either by himself or herself, or by agent, in any contract to which the district, or anyone for its benefit, is a party, and any such officer, employ…

The board of directors of a consumers power district and the general manager, subject to the control of the board of directors, are hereby authorized to bargain collectively with employees of the district and their representatives with respect to wages, hours, and all other terms…

It shall be the duty of all state and local officers, and of all officers of election, to perform all duties imposed upon them by the laws of this state pertaining to primary and general elections, insofar as applicable to election of directors of districts organized under the pr…

Not less than ninety days prior to any election, the secretary of the consumers power district shall certify to the secretary of state the names of the counties, municipalities and election precincts then comprising the district, and at the same time he shall certify the number o…

Subject to the provisions of chapters 49-35 to 49-40 , inclusive, the board of directors in a consumers power district may amend the petition for its creation, or any amended petition, to increase or decrease the number of its directors, or to provide for the division of the terr…

Any precincts in a county, the entire territory of which is not within a consumers power district, shall for voting purposes, be attached to an adjoining or adjacent county, which is within the district. Such adjoining or adjacent county shall furnish ballots to the election boar…

A vacancy on the board of directors shall exist in the event of the (1) Death, disability or removal from district of any directors; (2) Removal from the subdivision from which the director was elected; or (3) Elimination or detachment from the district of the territory in which …

Before entering upon the duties of his office, every member elected to membership on the board of directors shall take and subscribe to an oath to support the Constitution of the United States and the Constitution of the State of South Dakota, and faithfully and impartially to pe…

Members of the board of directors may be removed from office for the same reasons and in the same manner as provided by law for the removal of county officers under the provisions of §§ 3-17-6 to 3-17-9 , inclusive. Source: SL 1950 (SS), ch 17 , § 26; SDC Supp 1960, § 52.1726.

Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district shall have all the usual powers of a corporation for public purposes and may purchase, hold, sell, and lease, as lessor or lessee, personal property and real estate,…

In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to a consumers power district, the board of directors may, in its discretion, declare an emergency, and proceed with the necessary repairs, alterations, ext…

When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules, or regulations of governmental authorities, whether enacted, passed, promulgated, or issued under or due to the emergency or necessities of war or n…

Neither by sale under foreclosure, receivership or bankruptcy proceedings, nor by alienation in any other manner, may the property of a consumers power district become the property or come under the control of any private person, firm or corporation engaged in the business of gen…

For the privilege of engaging in the business of generating, distributing, transmitting, purchasing, selling electric energy for public use, or any other business as provided in chapters 49-35 to 49-40 , inclusive, there is levied upon, and shall be collected from, each consumers…

For the purpose of determining the occupational excise tax levied by § 49-37-13 : (1) All property owned, leased, operated, or controlled by any district shall be assessed and the tax equivalent computed, collected, paid, and apportioned in the same manner and for the same purpos…

Notwithstanding §§ 49-37-13 and 49-37-14 , if a consumers power district comes within the classification of rural electric companies as defined in chapter 10-36 , then the provisions of that chapter shall apply to said district. Source: SL 1950 (SS), ch 17 , § 66; SDC Supp 1960, …

The board of directors of any district organized under chapter 49-35 shall have the power and be required to fix, establish and collect adequate rates, tolls, rents, and other charges, for electrical energy, and for any services or facilities sold, furnished or supplied by the di…

The South Dakota Public Utilities Commission shall have no jurisdiction over the districts organized under chapter 49-35 , or over their rates, charges, or operations. Source: SL 1950 (SS), ch 17 , § 68; SDC Supp 1960, § 52.1767.