Title 49 — PUBLIC UTILITIES AND CARRIERS

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.

If the majority of the voters of any municipality voting thereon shall vote in favor of the formation of a consumers power district, the annexation of territory or a municipality to an existing district, or the consolidation of two or more districts, as the case may be, such acti…

A consumers power district shall have authority to contract with municipalities for the sales, transmission, and delivery of electrical energy at wholesale; and a municipality shall have authority to purchase at wholesale electrical energy from a district without the granting of …

Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may finance, own, construct, reconstruct, purchase, lease as lessor or lessee, or otherwise acquire, improve, extend, manage, use, or operate either singularly or jo…

Contracts, other than franchises, which any municipality is empowered to make with any consumers power district to furnish such municipality, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such municipality i…

All power plants and systems, constructed or otherwise acquired, or used or operated by any consumers power district under the provisions of chapters 49-35 to 49-40 , inclusive, or proposed by such district to be so constructed, acquired, owned, used, or operated, are hereby decl…

No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power whi…

Any consumers power district shall be liable for all breaks, overflow, and seepage damage. Source: SL 1950 (SS), ch 17 , § 80; SDC Supp 1960, § 52.1779.

A consumer power district may invest, deposit or administer its public funds, moneys, and securities in the classes of securities and investments approved for investment of state public funds under the provisions of chapter 4-5 . The board of directors of a district may promulgat…

A consumers power district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he is or was a director, offi…

49-37-3.1 Criteria considered in development of power systems--Alternative sources--Board determination as to size of facility. 49-37-4 Contractual powers--Sale of electrical appliances or equipment prohibited. 49-37-4.1 Contract to designate party as agent for itself and distric…

In order to provide electric power and energy to the people of this state at a more economical cost and with greater reliability, the board of directors of a consumers power district in providing for development of power plants, lines and systems or interest therein, for the gene…

Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may engage in, or transact business, or enter into any kind of contract or arrangement with any person, firm, corporation, limited liability company, association or …

Any consumers power district may contract, in cooperation with others in an electric generation or transmission facility, for the designation of one of the contracting parties as agent on behalf of itself and a consumers power district. Such contract may provide that one of the p…

All contracts heretofore made, executed, and entered into by a consumers power district which consumers power district is participating in cooperation with others in an electric generation or transmission facility are in all things legalized, cured, and declared valid notwithstan…

Any consumers power district may contract in cooperation with others in an electric generation and transmission facility. Such contract may provide that the parties to the contract may be exempted from responsibilities of their respective negligence to the other party or parties …

A consumers power district which is engaged in the generation and transmission of electrical energy shall sell electrical energy at wholesale directly to any municipality or political subdivision or rural electrical associations and electrical distribution cooperatives or any per…

A consumers power district shall have and may exercise any one or more of the powers, rights and privileges mentioned in §§ 49-37-1 to 49-37-5 , inclusive, either alone or jointly with one or more other such districts. Source: SL 1950 (SS), ch 17 , § 42; SDC Supp 1960, § 52.1742.

A consumers power district shall have no power of taxation, and no governmental authority shall have the power to levy or collect taxes for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district or upon which the district may be …

Neither the State of South Dakota, nor any county, municipality, school district, or other political subdivision of the state, nor any individual person, nor the property of any of such, shall ever be in any manner liable or responsible for any obligation of any consumers power d…

Before any consumers power district enters into any contract for the construction, building, alteration, extension, or improvement of any power plant or system, or any part or section thereof, for the use of the district, or for the purchase of any materials, machinery, or equipm…

All acts and proceedings had prior to January 1, 1975, and all contracts, expenditures and acquisitions made prior to January 1, 1975, by any consumers power district of the state where the consumers power district jointly with others contracted for the construction, building, al…

The board of directors of a consumers power district shall keep accurate minutes of their meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management and business of the dis…

The fiscal year of a consumers power district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by the South Dakota Department of Legisl…

In each consumers power district, the auditor - general shall require audits pursuant to § 49-38-2 to set forth: (1) The gross income from all sources of the district for the year previous; (2) The gross amount of electrical energy supplied by said district; (3) The amount expend…

The audit and report required by §§ 49-38-2 and 49-38-3 shall be made at the close of the fiscal year. The person making the examination and audit shall have access to all the districts books, records, vouchers, papers, contracts, or other data. It is hereby made the duty of all …

Money of a consumers power district shall be paid out or expended only upon the authorization or approval of the board of directors, and by check, draft, warrant, electronic payment, or other instrument in writing, signed by the treasurer, assistant treasurer, or such other offic…

Any district organized under chapter 49-35 may borrow money and incur indebtedness for any corporate use or purpose. Any indebtedness, liability, or obligation of the district for the payment of money, in whatever manner entered or incurred, and whether arising from contract, imp…

The board of directors of any consumers power district issuing revenue debentures, notes, warrants, or other evidences of indebtedness, under this chapter, is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in the event of de…

Sections 49-39-2 and 49-39-4 are retroactive and are effective as to any resolution or agreement adopted by any consumers power district with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness heretofore or hereafter adopted…

Any consumers power district issuing revenue debentures, notes, warrants, bonds or other evidences of indebtedness is specifically authorized and empowered to pledge all or any part of the revenues which the district may derive from the sale of electrical energy or other service …