34-39-1      Definitions.
34-39-1.1      Liquefied petroleum gas defined.
34-39-2      Sale of gas by approved weights and measures required--Violation as misdemeanor.
34-39-3      Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.
34-39-3.1      Department to administer chapter.
34-39-4      Marking of devices condemned or rejected for repair--Removal or defacement as misdemeanor.
34-39-5      Use of condemned weighing or measuring device as misdemeanor.
34-39-6      Specifications for liquid gas meters--Correction for temperature--Delivery from vehicle prohibited unless equipped with meter--Violation as misdemeanor.
34-39-7      Promulgation of rules.
34-39-8      Repealed.
34-39-9      Use of containers for other purposes as misdemeanor.
34-39-10 to 34-39-14. Repealed.
34-39-15      Repealed.
34-39-16      Liquefied petroleum gas equipment and appliances--Product for purpose of certain liability provision.

34-39-1. Definitions.

Terms used in this chapter mean:

(1)    "Department," the Department of Public Safety;

(2)    "Secretary," the secretary of the Department of Public Safety.

Source: SL 2016, ch 183, § 57.

34-39-1.1. Liquefied petroleum gas defined.

The term "liquefied petroleum gas," as used in this chapter, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.

Source: SL 1941, ch 101, § 1; SL 1947, ch 98, § 1; SDC Supp 1960, § 31.03A01; SDCL § 34-39-1.

34-39-2. Sale of gas by approved weights and measures required--Violation as misdemeanor.

It is a Class 2 misdemeanor to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by weights and measures that are approved by the department.

Source: SL 1957, ch 165, § 1; SDC Supp 1960, § 31.03A06; SL 1977, ch 190, § 113; SL 2004, ch 17, § 226; SL 2016, ch 183, § 2.

34-39-3. Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.

The department may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.

The department shall charge and collect a sixty-eight dollar fee for each test.

Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a ninety-four dollar fee for each inspection.

For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility with a capacity of at least eight thousand gallons.

Revenue from the fees imposed by this section shall be deposited into the general fund. It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 37-21-9.1, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1980, ch 267, § 3; SL 1984, ch 29, § 3; SL 1996, ch 218; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2006, ch 187, § 1; SL 2007, ch 224, § 3; SL 2016, ch 183, § 3.

34-39-3.1. Department to administer chapter.

The department shall perform the functions required by this chapter.

Source: SL 1973, ch 2, § 54; SL 1979, ch 5, § 2; SL 2003, ch 272 (Ex. Ord. 03-1, § 23; SL 2004, ch 17, § 227; SL 2016, ch 183, § 4.

34-39-4. Marking of devices condemned or rejected for repair--Removal or defacement as misdemeanor.

The department shall conspicuously mark all condemned or rejected for repair devices. It is a Class 2 misdemeanor to remove or deface the mark except upon authorization of the department.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190, § 114; SL 2004, ch 17, § 228; SL 2006, ch 187, § 2; SL 2016, ch 183, § 5.

34-39-5. Use of condemned weighing or measuring device as misdemeanor.

It is a Class 1 misdemeanor to use a weighing or measuring device for determining quantities of liquefied petroleum gas, either in liquid or vapor form, which has been condemned by the department.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190, § 115; SL 2004, ch 17, § 229; SL 2016, ch 183, § 6.

34-39-6. Specifications for liquid gas meters--Correction for temperature--Delivery from vehicle prohibited unless equipped with meter--Violation as misdemeanor.

All liquid gas meters shall be of a positive displacement type equipped with vapor separator or provided with such other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and differential pressure regulator. A liquid gas meter, except a meter dispensing at a rate of twenty gallons per minute or less, shall be corrected to sixty degrees Fahrenheit liquid gas temperature and all deliveries of liquid gas through the meter shall be temperature corrected from sixty degrees Fahrenheit to the temperature of the liquid gas at the time and place of delivery and the customer billed accordingly. It is a Class 1 misdemeanor to make wholesale or retail sales to customers from any bulk delivery vehicle unless the bulk delivery vehicle is equipped with and dispenses the liquid petroleum gas through a liquid gas meter. No liquid gas meter may be equipped with a bypass around the liquid gas meter. However, the prohibition of a bypass is not intended to prohibit the use of an equalization line.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190, § 116; SL 2016, ch 183, § 1.

34-39-7. Promulgation of rules.

The secretary may promulgate rules, pursuant to chapter 1-26, to establish tolerances within a maximum of two percent plus or minus, which may be necessary for the enforcement of §§ 34-39-1 to 34-39-6, inclusive.

Source: SL 1957, ch 165, § 3; SDC Supp 1960, § 31.03A08; SL 1972, ch 15, § 4; SL 2004, ch 17, § 230; SL 2016, ch 183, § 7.