Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-1-1 Repealed by SL 1992, ch 325 , § 1
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49-1-2 Election of public utilities commissioners--Qualifications and term of office--Vacancies. 49-1-3 Qualifications of commissioners--Age and residence--Interest in companies prohibited. 49-1-4 Duties of commissioners--Sessions of Public Utilities Commission--Removal. 49-1-5 V…
SDCL § 49-1-10 Hearings before commission--Oaths
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Any party may appear before the Public Utilities Commission and be heard in person or by attorney. Every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before the commission. Source: SDC 1939, § 52.0109.
SDCL § 49-1-11 Rules of commission
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The Public Utilities Commission may promulgate rules pursuant to chapter 1-26 concerning: (1) Procedures for filing and cancelling tariffs, and information required to be included in tariffs; (2) Procedures and requirements for filing and acting upon complaints; (3) Procedures an…
SDCL § 49-1-12 Records of official actions--Proceedings open to public
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Every vote and official action of the Public Utilities Commission shall be entered of record. The proceedings of the Public Utilities Commission are open to the public as prescribed in chapter 1-25 when the Public Utilities Commission is exercising its regulatory or adjudicatory …
SDCL § 49-1-12.1 Discussions on internal management not subject to chapter 1-25
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The Public Utilities Commission is not subject to the requirements of chapter 1-25 when one or more commissioners are meeting among themselves or staff to discuss the internal management of the Public Utilities Commission regarding such things as: (1) Planning or developing activ…
SDCL § 49-1-13 Annual report to Governor--Contents
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The Public Utilities Commission shall annually make a report of its activities to the Governor, at the time and in the manner prescribed by law for other state officers, containing the facts, statements, and explanations deemed necessary by the commission to fully disclose its tr…
SDCL § 49-1-13.1 Repealed by SL 1982, ch 14 , § 3
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49-1-14 Attorney general as adviser to commission--Suits by commission. 49-1-15 Assistant attorneys general to serve commission exclusively. 49-1-16 Duties of state's attorneys. 49-1-17
SDCL § 49-1-14 Attorney general as adviser to commission--Suits by commission
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The attorney general shall at all times, when requested, give the Public Utilities Commission such counsel and advice as they may from time to time require; and it shall be his duty to institute and prosecute, whenever requested by the Public Utilities Commission, any and all sui…
SDCL § 49-1-15 Assistant attorneys general to serve commission exclusively
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The attorney general may, with the approval of the Public Utilities Commission, appoint one or more assistant attorneys general to serve the Public Utilities Commission and work exclusively for the commission. Source: SDC 1939, § 52.0253; SL 1976, ch 291 ; SL 1991, ch 380 , § 5.
SDCL § 49-1-16 Duties of state's attorneys
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It shall be the duty of the state's attorney of any county in which suit is instituted, or prosecuted pursuant to § 49-1-14 , to aid in the prosecution of the same to a final issue upon the request of the Public Utilities Commission or the attorney general. Source: SDC 1939, § 52…
SDCL § 49-1-17 Repealed by SL 2009, ch 235 , § 1
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49-1-18 Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office. 49-1-19 Appeals from commission. 49-1-1. Repealed by SL 1992, ch 325 , § 1.
SDCL § 49-1-18 Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office
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Any Public Utilities Commissioner who intentionally neglects or refuses to perform the duties imposed upon him by this title, is guilty of a Class 2 misdemeanor and in addition to the punishment provided by law, he shall upon conviction forfeit his office. Source: SDC 1939, § 52.…
SDCL § 49-1-19 Appeals from commission
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All appeals from any determination, decision, or order of the Public Utilities Commission shall be conducted in the manner prescribed by chapter 1-26 . Source: SL 1983, ch 332 , § 1.
SDCL § 49-1-2 Election of public utilities commissioners--Qualifications and term of office--Vacancies
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The Public Utilities Commission shall be comprised of three commissioners. Each commissioner shall be elected from, and represent, the state at large. At each general election there shall be elected one Public Utilities Commissioner having the qualifications prescribed by law. Ea…
SDCL § 49-1-3 Qualifications of commissioners--Age and residence--Interest in companies prohibited
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No person is eligible to hold the office of Public Utilities Commissioner except a citizen of the United States, a qualified voter of this state who has attained the age of twenty - five years and has resided within this state for at least two years next preceding his election, a…
SDCL § 49-1-4 Duties of commissioners--Sessions of Public Utilities Commission--Removal
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Each Public Utilities Commissioner during his term of office shall devote his entire time and attention to the duties of his office. The Public Utilities Commission shall remain in continuous session at its office at the state capital except when necessarily absent in the perform…
SDCL § 49-1-5 Vacancies in office of commissioner--Appointment by Governor--Term of appointment
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If a vacancy occur in the office of Public Utilities Commissioner from death, resignation, or otherwise, the Governor of the state shall make a temporary appointment to fill such vacancy, but the person so appointed shall hold such office only until the next general election and …
SDCL § 49-1-6 Oath and bond of commissioners
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Each Public Utilities Commissioner shall take and subscribe the same oath as required of other state officers, and shall be included in the state employees' blanket bond in the penal sum of five thousand dollars conditioned for the faithful performance of his duties. Source: SDC …
SDCL § 49-1-7 Salary of commissioners
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The annual salary of each member of the Public Utilities Commission shall be set by the Bureau of Human Resources and Administration in accordance with the provisions of chapter 3-6D . Source: SDC 1939, § 52.0106; SL 1945, ch 216 ; SL 1947, ch 234 , § 1; SL 1951, ch 257 ; SL 1953…
SDCL § 49-1-8 Creation of Public Utilities Commission--Secretary--Seal
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The Public Utilities Commissioners who are elected shall constitute a commission to be known and designated as the Public Utilities Commission of the State of South Dakota. The members of the commission shall elect a chairperson by majority vote and prescribe his duties. The comm…
SDCL § 49-1-8.1 Commission continued as separate department
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The Public Utilities Commission is hereby continued as a separate department and budget unit and, except as provided by §§ 1-51-11 and 37-22-1 , shall retain all its prescribed functions, including administrative functions. Source: SL 1973, ch 2 , § 59; SL 2003, ch 272 (Ex. Ord. …
SDCL § 49-1-8.2 Executive director--Appointment--Duties--Signature on behalf of commission
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The Public Utilities Commission may appoint an executive director who shall serve at the pleasure of the commission. The executive director shall serve as the chief administrative officer of the commission and shall be directly responsible to all the members of the commission. Th…
SDCL § 49-1-9 Proceedings before commission--Quorum--Disqualification--Appointment--Compensation
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Such Public Utilities Commission may in all cases conduct its proceedings, when not otherwise particularly prescribed by law, in such manner and places as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commissioners shall consti…
SDCL § 49-1-9.1 Providing false or misleading information to commission as misdemeanor
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No person may knowingly provide false or misleading information to the commission in response to, or in compliance with, any statute, order, tariff, rule, direction, demand, or requirement of the commission. A violation of this section is a Class 1 misdemeanor. Each separate act …
SDCL § 49-1A-1 Purpose of fund
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It is hereby declared to be in the public interest, in order to permit full and adequate regulation of public utilities as defined in chapter 49-34A , and telecommunications companies as defined in subdivision 49-31-1(28), to establish a fund known as the South Dakota Public Util…
SDCL § 49-1A-1.1 Repealed by SL 1991, ch 381 , § 2
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49-1A-2 Gross receipts tax fund established. 49-1A-3 Annual intrastate gross receipts tax levied--Amount. 49-1A-3.1
SDCL § 49-1A-10 Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal
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The Public Utilities Commission shall keep and maintain a detailed record of the amount expended from each deposit by each company making a deposit pursuant to § 49-1A-8 or
SDCL § 49-1A-11 Actual costs assessed to electric or gas utility or to a utility's supplier
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If an electric utility or gas utility, as defined in subdivisions 49-34A-1(7) and 49-34A-1(9), respectively, or any person providing or who proposes to provide wholesale electric or gas service to an electric or gas utility for resale, which is exempt from payment of the gross re…
SDCL § 49-1A-3 Annual intrastate gross receipts tax levied--Amount
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There is hereby levied on each public utility as defined in subdivision 49-34A-1(12), which is subject to the rate regulation of the commission, and all telecommunications companies as defined in subdivision 49-31-1(26), a tax of not more than .0015 or two hundred fifty dollars, …
SDCL § 49-1A-3.1 Repealed by SL 2003, ch 235 , § 2
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49-1A-4 Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment. 49-1A-5 Tax payment date. 49-1A-6 Penalty for late payment--Collection procedure. 49-1A-7 Use of fund for utilities and telecommunications companies regulation expenses--Pa…
SDCL § 49-1A-4 Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment
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On April first of each year, each company shall file with the Public Utilities Commission, on forms prescribed by the commission, the amount of its gross receipts derived from the company's customers within the State of South Dakota during the preceding calendar year. Such report…
SDCL § 49-1A-5 Tax payment date
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The tax levied by this chapter is due and payable to the state treasurer on July fifteenth of each year. Source: SL 1975, ch 112 , § 5; SL 1983, ch 334 , § 2; SL 1985, ch 372 ; SL 1994, ch 352 , § 3; SL 2003, ch 235 , § 4.
SDCL § 49-1A-6 Penalty for late payment--Collection procedure
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If the tax levied under this chapter is not paid on the due date, a penalty of ten percent of the amount of the tax shall be imposed for each month of such delinquency. The tax may be enforced and collected by distress and sale of the personal property of such company in the same…
SDCL § 49-1A-7 Use of fund for utilities and telecommunications companies regulation expenses--Payment on warrants--Expenditure authorized
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All amounts deposited in the South Dakota Public Utilities Commission gross receipts tax fund are appropriated to the use of the Public Utilities Commission for its expenses in regulating public utilities as defined in chapter 49-34A and telecommunications companies as defined in…
SDCL § 49-1A-8 South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount
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There is created a special fund within the state treasury to be known as the South Dakota Public Utilities Commission Regulatory Assessment Fee fund. The Public Utilities Commission may require a public utility as defined in § 49-34A-1 to make a deposit of up to five hundred thou…
SDCL § 49-1A-9 Deposit used to defray analyzing and ruling expenses--Payment on warrants
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The amount deposited under § 49-1A-8 or 49-31-12.6 shall be used by the Public Utilities Commission to defray the expense incident to analyzing and ruling upon the filing of the company making the deposit and the amount expended may be recovered as an immediate adjustment to rate…
SDCL § 49-2-1 Contract of carriage of messages
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The contract of carriage is one for the conveyance of messages from one place to another. Source: SDC 1939, § 8.0101; SL 1979, ch 307 , § 12.
SDCL § 49-2-10 Compensation of carrier
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A common carrier is entitled to a reasonable compensation and no more. He may require payment in advance. If payment is refused, he may refuse to carry. Source: SDC 1939, § 8.0805.
SDCL § 49-2-11 Rules governing carriers without reward
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Carriers without reward are subject to the same rules as employees without reward unless otherwise provided by statute. They must complete any undertaking they have commenced the same as if they had received reward, unless they restore the person or thing carried to as favorable …
SDCL § 49-2-12 Eminent domain powers
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A common carrier may exercise the right of eminent domain in acquiring right of way as prescribed by statute. Source: SDC 1939, § 8.0801.
SDCL § 49-2-2 Common carrier of messages defined
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Everyone who offers to the public to carry messages is a common carrier. Source: SDC 1939, § 8.0801; SL 1979, ch 307 , § 13. 49-2-3. Repealed by SL 1979, ch 307 , § 14.
SDCL § 49-2-4 Duty of carrier to accept freight
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A common carrier must, if able, accept and carry whatever is offered, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry. Source: SDC 1939, § 8.0802. 49-2-5. Repealed by SL 1979, ch 307 , § 15.
SDCL § 49-2-6 Preference to federal and state governments
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A common carrier must always give a preference in time and may give a preference in price to the United States and to this state. Source: SDC 1939, § 8.0804.
SDCL § 49-2-7 Contractual limitation of duties--General notice
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The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract. Source: SDC 1939, § 8.0806. 49-2-8. Repealed by SL 1987, ch 350 , § 4.
SDCL § 49-2-9 Disclaimer of liability--Willful, wanton, or fraudulent conduct
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A common carrier cannot be exonerated from liability for willful or wanton misconduct, fraud, or willful wrong of himself or his servant by any agreement made in anticipation thereof. Source: SDC 1939, § 8.0807.
SDCL § 49-7-1 Repealed by SL 1979, ch 307 , § 26
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49-7-2 Regulations of Board of School and Public Lands. 49-7-3 49-7-3 , 49-7-4. Repealed by SL 1980, ch 322 , §§ 121, 122. 49-7-5 49-7-5 to 49-7-10. Repealed by SL 1997, ch 263 , §§ 8 to 13. 49-7-11 Pipelines that are common carriers--Exemption. 49-7-12 Reasonable charges. 49-7-1…
SDCL § 49-7-11 Pipelines that are common carriers--Exemption
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All pipelines holding themselves out to the general public as engaged in the business of transporting commodities for hire by pipeline are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapter 49-41B . Source: SL 1980, ch…
SDCL § 49-7-12 Reasonable charges
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All charges for carriage of property by pipeline must be reasonable. Source: SL 1980, ch 321 , § 2.
SDCL § 49-7-13 Condemnation of pipeline right - of - way--Width across school and public lands
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Any pipeline companies owning a pipeline which is a common carrier as defined by § 49-7-11 may exercise the right of eminent domain in acquiring right - of - way as prescribed by statute. However, in the case of school and public lands, no right - of - way for the purpose of carr…
SDCL § 49-7-13.1 Condemnation of pipeline right-of-way--Prohibited for carbon oxide pipeline
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Notwithstanding the provisions of any other law, a person may not exercise the right of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the preponderant purpose of transporting carbon oxide. Source: SL 2025, ch 190 , § 1.