Printer FriendlySB 60 revise certain provisions regarding the sale of consumers power ...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2017
SENATE BILL NO. 60
Introduced by: Senators Maher, Jensen (Phil), Langer, Solano, and Youngberg and
Representatives Wollmann, Haggar, Hawley, Heinemann, Mickelson,
Rounds, Willadsen, and Zikmund
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of consumers
power district assets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-40-3 be amended to read:
49-40-3. Any consumers power district may sell
to another district, rural electrification
association, or cooperative, municipality, political subdivision and municipal corporation or
public corporation located within or without the state,
any power plant, electric generating plant,
electric transmission, or distribution system, or any part thereof, for
such sums any sum
the board of directors of the district may consider fair and
Section 2. That § 49-40-7 be repealed.
49-40-7. The governing body of a consumers power district may never lease nor alienate the
franchises, plant, or physical equipment of the district to any private person, firm, association,
or corporation except a political subdivision or public corporation, another consumers power
district, or nonprofit cooperative financed in whole or in part by the Rural Electrification
Administration or any other federal agency for operating, or for any other purpose.
Section 3. That § 49-40-8 be amended to read:
Notwithstanding § 49-40-7, where If a consumers power district is comprised of
territory wholly within the corporate limits of a first or second class municipality then such the
district shall have power to lease or alienate the franchises, plant or physical equipment of the
district to any private person, firm, association or corporation in accordance with the provisions
of §§ 9-39-37 and 9-39-38.