TITLE 49
PUBLIC UTILITIES AND CARRIERS
Chapter
01 Public Utilities Commission
01A Public Utilities Commission Gross Receipts Tax Fund
02 Carriers' Powers And Duties In General
03 Carrier Regulation In General [Transferred]
04 Carriers Of Persons [Repealed]
05 Carriers Of Property [Repealed]
06 Carriers Of Messages [Transferred]
07 Right-Of-Way For Carrier Facilities
07A One-Call Notification System For Excavation Activities
08 Discriminatory, Monopolistic And Coercive Practices Of Carriers [Repealed]
09 Passes Issued By Carriers [Repealed]
10 Carriers' Rates, Fares And Charges [Transferred]
11 Charges By Carriers And Utilities Pending Rate Litigation
12 Connecting Carriers [Repealed]
13 Procedure On Complaints To Public Utilities Commission
14 Rehearings And Appeals From Public Utilities Commission [Repealed]
15 Marine Carriers [Repealed]
16 Railroad Corporations [Repealed]
16A Intrastate Railroad Regulation
16B South Dakota Railroad Authority
16C Railroad Trust Fund
17 State Aid To Railroad Construction And Maintenance
17A Regional Railroad Authorities
18 Railroad Indebtedness [Repealed]
19 Location And Construction Of Railroads [Repealed]
20 Railroad Right-Of-Way [Repealed]
21 Railroad Service And Accommodations [Repealed]
22 Railroad Sidings And Auxiliary Facilities [Repealed]
23 Railroad Warehouse Sites [Repealed]
24 Railroad Employees [Repealed]
25 Railroad Safety And Warning Devices [Repealed]
26 Railroad Accidents And Property Damage [Repealed]
27 Protection Of Railroad Property [Repealed]
28 Motor Carrier Regulation
28A Hazardous Material Transportation Safety
29 Express Companies [Repealed]
30 Telephone And Telegraph Corporations
31 Telecommunications Services
32 Telephone, Telegraph And Electric Lines
32A Television Translator Districts
33 Electric, Street Railway And Gas Corporations
34 Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service
34A Gas And Electric Utilities Regulation
34B Pipeline Safety
34C Biogas Gathering Lines Safety
35 Consumers Power District Formation
36 Consumers Power District Directors, Officers And Agents
37 Consumers Power District Powers And Operations
38 Consumers Power District Records, Accounts And Reports
39 Consumers Power District Borrowing And Indebtedness
40 Consumers Power District Dissolution And Sale Of Assets
41 Electrical Suppliers [Repealed]
41A Gas And Electric Consumers Council [Repealed]
41B Energy Conversion And Transmission Facilities
42 Public Warehouses Generally [Repealed]
42A Public Storage Warehouses
43 Public Grain Warehouses
44 Grain Inspectors And Weighmasters
45 Grain Buyers
46 Residential Conservation Of Energy
47 Stray Electrical Current And Voltage Remediation
CHAPTER 49-1
PUBLIC UTILITIES COMMISSION
49-1-1 49-1-1. Repealed by SL 1992, ch 325, § 1.
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 Vacancies in office of commissioner--Appointment by Governor--Term of appointment.
49-1-6 Oath and bond of commissioners.
49-1-7 Salary of commissioners.
49-1-8 Creation of Public Utilities Commission--Secretary--Seal.
49-1-8.1 Commission continued as separate department.
49-1-8.2 Executive director--Appointment--Duties--Signature on behalf of commission.
49-1-9 Proceedings before commission--Quorum--Disqualification--Appointment--Compensation.
49-1-9.1 Providing false or misleading information to commission as misdemeanor.
49-1-10 Hearings before commission--Oaths.
49-1-11 Rules of commission.
49-1-12 Records of official actions--Proceedings open to public.
49-1-12.1 Discussions on internal management not subject to chapter 1-25.
49-1-13 Annual report to Governor--Contents.
49-1-13.1 49-1-13.1. Repealed by SL 1982, ch 14, § 3.
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 49-1-17. Repealed by SL 2009, ch 235, § 1.
49-1-18 Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office.
49-1-19 Appeals from commission.
CHAPTER 49-1A
PUBLIC UTILITIES COMMISSION GROSS RECEIPTS TAX FUND
49-1A-1 Purpose of fund.
49-1A-1.1 49-1A-1.1. Repealed by SL 1991, ch 381, § 2.
49-1A-2 Gross receipts tax fund established.
49-1A-3 Annual intrastate gross receipts tax levied--Amount.
49-1A-3.1 49-1A-3.1. Repealed by SL 2003, ch 235, § 2.
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--Payment on warrants--Expenditure authorized.
49-1A-8 South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount.
49-1A-9 Deposit used to defray analyzing and ruling expenses--Payment on warrants.
49-1A-10 Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal.
49-1A-11 Actual costs assessed to electric or gas utility or to a utility's supplier.
49-2-1
Contract of carriage of messages.
49-2-2
Common carrier of messages defined.
49-2-3
Repealed.
49-2-4
Duty of carrier to accept freight.
49-2-5
Repealed.
49-2-6
Preference to federal and state governments.
49-2-7
Contractual limitation of duties--General notice.
49-2-8
Repealed.
49-2-9
Disclaimer of liability--Willful, wanton, or fraudulent conduct.
49-2-10
Compensation of carrier.
49-2-11
Rules governing carriers without reward.
49-2-12
Eminent domain powers.
49-7-1
Repealed.
49-7-2
Regulations of Board of School and Public Lands.
49-7-3, 49-7-4. Repealed.
49-7-5 to 49-7-10. Repealed.
49-7-11
Pipelines that are common carriers--Exemption.
49-7-12
Reasonable charges.
49-7-13
Condemnation of pipeline right-of-way--Width across school and public lands.
49-7-14
Right-of-way across school and public lands--Extra width--Governor's approval.
49-7-15
Plat of pipeline route--Certification, acknowledgment and filing--Compensation for
damages.
49-7-16
Certificate issued by commissioner.
49-7-17
Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.
49-7-18
Payment for school and public lands taken--Valuation--Governor's deed--Reverter.
49-7-19
Relation back of title.
49-7-20
Right to enter and cross school and public lands.
49-7-21
Subdivision of school and public lands--Pipeline right-of-way reserved.
49-7-22
Telecommunications and electrical facilities across school and public lands.
CHAPTER 49-7A
ONE-CALL NOTIFICATION SYSTEM FOR EXCAVATION ACTIVITIES
49-7A-1 Definition of terms.
49-7A-2 Establishment of One-Call Notification Board--Responsibilities--State one-call fund--Continuous appropriation--One-call notification center--Services provided--Required membership and reporting.
49-7A-3 Governing board--Representation--Term of appointment.
49-7A-4 Rules--Operating procedures.
49-7A-5 Notification of proposed excavation.
49-7A-6 49-7A-6. Repealed by SL 2002, ch 211, § 4.
49-7A-6.1 Operator not to be billed when location of excavation on notice differs from location of operator's facility.
49-7A-7 Duties of one-call notification center.
49-7A-8 Location of underground facilities--Marking.
49-7A-9 Failure to provide timely location markings--Inadequate markings--Liability.
49-7A-10 Liability for damage to underground facility.
49-7A-11 49-7A-11. Repealed by SL 2002, ch 211, § 9.
49-7A-12 Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.
49-7A-13 Inability to locate underground facility.
49-7A-14 Local permit requirements unaffected.
49-7A-15 Owners and operators of underground facilities required to register with one call notification system.
49-7A-16 49-7A-16. Repealed by SL 1997, ch 263, § 7.
49-7A-17 Complaints--Rules of Practice.
49-7A-18 Penalties.
49-7A-19 Penalties for intentional violations.
49-7A-20 Each violation as separate offense.
49-7A-21 Complaint and order prerequisites for penalty--Time limit.
49-7A-22 Panel to determine existence of probable cause for violation--Recommendation to board.
49-7A-23 Panel to forward complaint to respondent.
49-7A-24 Respondent to satisfy or answer complaint--Procedure.
49-7A-25 Complaint, answer to be sole basis for probable cause determination.
49-7A-26 Factors considered in determining amount of penalty.
49-7A-27 Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.
49-7A-28 Action to recover penalty.
49-7A-29 Record and evidence in court action.
49-7A-30 Board to maintain docket and index.
49-7A-31 Board to keep transcript of proceedings--Certification.
49-7A-32 Removal of board member for conflict of interest.
49-7A-33 Demand for penalty required before suit brought.
49-7A-34 Board action has presumption of validity.
49-7A-35 Annual report of board.
49-11-1 to 49-11-4. Repealed.
49-11-5
Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor.
49-11-6
Receipt for higher rate during period of stay--Condition precedent to grant of
stay--Violation as misdemeanor.
49-11-7
Reports filed during period of stay--Contents--Failure as misdemeanor.
49-11-8
Duty of carrier to refund where decreased rate is affirmed--Violation as
misdemeanor.
49-11-9
Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor.
49-11-10
Repealed.
49-13-1
Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.
49-13-1.1
Complaint to commission or suit by private person--Election of remedies.
49-13-2
Repealed.
49-13-3
Compliance by telecommunications company or carrier as exoneration only
for particular violation complained of.
49-13-4
Investigation of complaint--Inquiry without complaint.
49-13-5
Authority of commission on inquiry without complaint.
49-13-6
Docket--Contents--Index.
49-13-7
Record--Contents--Transcript of evidence.
49-13-8
Repealed.
49-13-9
Hearing before any commissioner.
49-13-9.1
Corporations and business entities may appear without counsel in certain
cases.
49-13-10 to 49-13-12. Repealed.
49-13-13
Proof of violation--Determination of just rate--Cease and desist order--Duty
of telecommunications company or motor carrier to comply.
49-13-14
Determination of damages--Order directing payment.
49-13-14.1
Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
49-13-14.2
Necessity for demand before suit.
49-13-15
Repealed.
49-13-16
Presumption of validity of order--Burden to prove invalidity.
49-13-17
Failure to obey order--Application to court for mandamus--Order directing
payment of money excepted.
49-13-18
Issuance of mandamus or other proper process.
49-13-19
Enforcement of mandamus or other proper process for failure to obey.
49-13-20
Money judgment for default in compliance--Disposition of money.
49-13-21
Recovery of moneys by attachment or execution--Appeal to Supreme Court.
49-13-22
Security on appeal by commission not required--Appeal as not staying court
order--Costs and attorney's fees.
49-13-23
Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.
49-13-24
Noncompliance with order for payment of money--Petition in court--Civil
action procedure applicable--Exceptions.
49-13-25
Commission proceedings as evidence in trial--Report and order of
commission as prima facie evidence.
49-13-26
Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.
49-13-27
Joinder of parties--Service of process--Venue of service--Judgment in case
of joint parties.
49-16A-1
Definitions of terms.
49-16A-2
Corporation law--Applicability to railroads.
49-16A-3
Chapters governing railroads.
49-16A-4
Repealed.
49-16A-5
Freight charges to be just and reasonable.
49-16A-6
Freight charges to be uniformly applied--Unreasonable discrimination defined.
49-16A-7
Unreasonable discrimination prohibited.
49-16A-8
Transportation or service at cut rate or discrimination as felony.
49-16A-9
Failure to file or observe rates or tariffs as felony--Corporation or individual.
49-16A-10
Individual acts or omissions in scope of employment.
49-16A-11
Venue of criminal prosecution.
49-16A-12 to 49-16A-18. Repealed.
49-16A-19
Restraint of trade provisions applicable to railroads.
49-16A-20
Single-line rates as restraint of trade.
49-16A-21
Through rates, joint rates or joint through rates not restraint of trade unless intent
or effect to monopolize.
49-16A-22
Pooling agreements as restraint of trade.
49-16A-23
Common carrier obligations--Limitation.
49-16A-24
Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.
49-16A-25
Lien for freightage.
49-16A-26
Preference to federal and state governments.
49-16A-27
Gratuitous shipment by railroad without reward--Duties.
49-16A-28
Directions of shipper--Conflicting directions--Delivery.
49-16A-29
Delivery at nearest station absent usage to contrary.
49-16A-30
Services other than carriage and delivery--Statutes governing.
49-16A-31
Delivery to connecting carrier--Liability to final destination.
49-16A-32
Railroad responsible for agents' acts.
49-16A-33
Loss or injury of freight in possession of connecting carrier--Proof to shipper on
demand.
49-16A-34
Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill
of lading or shipping receipt to accompany claim--Returns.
49-16A-35
Suit on claim--Interest--Attorney fee--Remedy cumulative.
49-16A-36
Notice of loss, injury or claim--Minimum time to be allowed--Contrary
contractual provision void.
49-16A-37
Interchange facilities required--Discrimination between connecting roads
prohibited--Switching and transferring cars.
49-16A-38
Joint through rates required--Duty to receive and transport freight and cars.
49-16A-39
Carload lots--Transfer to connecting road without added charge.
49-16A-40
Connecting roads--Intrastate shipments--Reasonable through rates--Same
facilities as for interstate traffic.
49-16A-41
Routing instructions by shipper.
49-16A-42
Sale or lease of road, property, rights, privileges, and franchises authorized.
49-16A-43
Repealed.
49-16A-43.1
Validation of defects in lease or sale made prior to January 1, 1994.
49-16A-43.2
Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
49-16A-44
Report annually to department--Special reports and specific questions.
49-16A-45
Inspection of roads by department.
49-16A-46 Transfer of certain Public Utilities Commission functions to transportation department.
49-16A-47 Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired.
49-16A-48 Department of transportation--Interstate commerce violations--Duties.
49-16A-49 Department of Transportation--Appearance before interstate commerce commission.
49-16A-50 Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.
49-16A-51 Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.
49-16A-52 Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.
49-16A-53 Changing grade or location for convenience of public travel.
49-16A-54 Liability for damages from change--Time for damage claim--Notice--Nonresidents.
49-16A-55 Authorization to use public lands--Damage to occupant.
49-16A-56 Authorization to use school or public lands--Width of right-of-way.
49-16A-57 Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.
49-16A-58 Issuance of certificate reserving school and public lands for railroad.
49-16A-59 Filing as vesting right to use--Duration of right--Forfeiture for failure to use.
49-16A-60 Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.
49-16A-61 Title relates back to filing--Subsequent grants invalid.
49-16A-62 Other rights-of-way across deeded lands.
49-16A-63 Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.
49-16A-64 Plat of proposed road filed with department--Grant of permit to construct road.
49-16A-65 Factors considered in assessing plat.
49-16A-66 Publicly constructed or acquired railroads as public highways.
49-16A-67, 49-16A-68. Repealed.
49-16A-69 Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.
49-16A-70 Repealed.
49-16A-71 Extension of fireguards along right-of-way--Condemnation procedure--Petition.
49-16A-72 Extension of fireguards on unoccupied land--Right to burn--Maximum width.
49-16A-73 Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.
49-16A-74 Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.
49-16A-75 Eminent domain power--Authorization by Governor or commission required--Hearing on application.
49-16A-75.1 Commission to promulgate rules for railroad seeking to exercise eminent domain.
49-16A-75.2 Railroad carries burden of proof to show public necessity.
49-16A-75.3 Determination of public use consistent with public necessity--Appeal.
49-16A-75.4 Proceedings to establish compensation--Physical possession.
49-16A-76 Powers--Acceptance of voluntary grants for railroad purposes.
49-16A-77 Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.
49-16A-78 Entries upon land--Appropriation of land--Purposes of appropriation.
49-16A-79 Condemnation for spur tracks to serve industry.
49-16A-80 Entry and appropriation for changing location or grade--Surveys.
49-16A-81 Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.
49-16A-82 Purchase of land--Failure to agree upon price--Determination by circuit court.
49-16A-83 Railroad-highway grade crossings.
49-16A-84 Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.
49-16A-85 Temporary routes during change of grade construction.
49-16A-86 Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
49-16A-87 Crossing standards--Warning sign.
49-16A-88 Warning signs--Erection by county commissioners at expense of railroad.
49-16A-89 Crossings--Erection of lighting or alarms at order of department.
49-16A-89.1 Erection of stop signs until alarms or lighting operational.
49-16A-89.2 Alarm or lighting device required where railroad crosses state trunk highway system.
49-16A-90 Tampering with light or signal--False light or signal--Felony.
49-16A-91 Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.
49-16A-92 Notice to railroad to erect fence--Contents of notice--Time for compliance.
49-16A-93 Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.
49-16A-94 Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.
49-16A-95 Repealed.
49-16A-96 Bridges and abutments--Maintenance.
49-16A-97 Repealed.
49-16A-98 Restoration and maintenance of watercourses and highways affected by railroad construction.
49-16A-99 Repealed.
49-16A-100 Utility poles and wires on right-of-way--Commission to regulate.
49-16A-100.1 Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.
49-16A-100.2 Definitions relating to utility crossing of railroad right-of-way.
49-16A-100.3 Notice and application for placement of utility facility across railroad right-of-way.
49-16A-100.4 Commencement of construction across railroad right-of-way_Exception.
49-16A-100.5 Standard crossing fee--Flagging expense.
49-16A-100.6 Certificate of insurance or coverage for utilities crossing railroad right-of-way.
49-16A-100.7 Notice of objection by railroad--Petition for dispute resolution--Appeal.
49-16A-100.8 Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.
49-16A-100.9 Existing agreements--Eminent domain.
49-16A-100.10 Application of §§ 49-16A-100.2 to 49-16A-100.9.
49-16A-101 Repealed.
49-16A-102 Railroad police--Appointment and employment by railroad.
49-16A-103 Railroad police--Authority to arrest--Procedure on arrest without warrant.
49-16A-104 Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.
49-16A-105 Entry upon railroad equipment while armed a felony.
49-16A-106 Tampering with journal boxes a felony.
49-16A-107 Malicious destruction of railroad property a felony.
49-16A-108 Malicious obstruction of tracks a felony.
49-16A-108.1 Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.
49-16A-109 Punishment for malicious interference with railroad where death results.
49-16A-110 Insurance--Railroad may procure.
49-16A-111 Legislation relating to restraint of domestic animals or fences--Applicability to tracks.
49-16A-112 Abandonment of right-of-way--Occupation for three years by other users.
49-16A-113 Consideration for continued occupancy of right-of-way.
49-16A-114 Termination of right of occupancy unless right to continue acquired.
49-16A-115 Abandonment of right-of-way on public or Indian lands--Title claims.
49-16A-116 Municipal claim to reverter in railroad property--Quit claim authorized.
49-16A-117 Filing of certain records related to property conveyances by a railroad to a railroad.
49-16A-118 Effect of filing--Notice of rights and interests.
49-16A-119 Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.
49-16B-1
Legislative declarations--Public participation in railroad ownership and operation.
49-16B-2
Definitions of terms.
49-16B-3
Railroad authority created--Members.
49-16B-4
Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.
49-16B-5
Repealed.
49-16B-6
Oath and bond of members.
49-16B-7
Per diem and expenses.
49-16B-8
Agents and employees.
49-16B-9
Seal.
49-16B-10
Projects authority may undertake.
49-16B-11
Report to legislature recommending projects.
49-16B-12
Transfer of jurisdiction or property to authority--Governor's approval.
49-16B-13
Acquisition of property--Construction and maintenance of railroad facilities.
49-16B-13.1
Approval of expenditures by railroad board and Governor.
49-16B-13.2
Maintenance of public railroad property by Department of Transportation.
49-16B-14
Department of Transportation's powers as to projects.
49-16B-15
Lease of facilities and sites.
49-16B-16
Lease terms, conditions and rentals.
49-16B-17
Leases to contain option to purchase--Purchase price.
49-16B-18
Lease provisions for lessee's payment of taxes, insurance and other costs.
49-16B-19
Leases to Department of Transportation--Rents payable solely from appropriations--Amount.
49-16B-20
Nonpayment of rent--Maintenance, operation, or lease of facilities.
49-16B-21
Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.
49-16B-22
Tax exempt status of authority's property.
49-16B-23
Negotiable revenue bonds--Resolution for issuance--Legislative approval.
49-16B-24
Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge
of income and revenues.
49-16B-25
Bonds and notes--Resolution--Issuance--Terms.
49-16B-26
Bonds--Repayment from lease income and revenues from facilities financed.
49-16B-27
Bonds--Execution and registration--Officers' signatures.
49-16B-28
Bonds--Statements on face.
49-16B-29
Obligation of state not authorized.
49-16B-30
Contract with holders--Enforcement.
49-16B-31
Interim notes--Purposes for which authorized.
49-16B-32
Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending
maturity date.
49-16B-33
Interim notes--Registration--Issuance.
49-16B-34
Interim notes--Interest--Redemption by authority.
49-16B-35
Interim notes--Execution--Attestation--Seal.
49-16B-36
Interim notes--Secured by pledge--Repayment from sale of revenue bonds and
property acquired.
49-16B-37
Interim notes--Additional security for payment.
49-16B-38
Interim notes not indebtedness within constitutional or statutory limitations.
49-16B-39
Payment of interim notes contemporaneously with issue of revenue bonds or escrow
of bond proceeds for future repayment.
49-16B-40
Interim notes--No personal liability.
49-16B-41
Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.
49-16B-42
Authority to account for income--Disbursements from accounts in fund.
49-16B-43
Conveyance of property to state by authority.
49-16B-44
Record of lease rental payments--Conveyance of property to state upon receipt of
sufficient rentals to pay bonds.
49-16B-45
Repealed.
49-16B-46
Contract power of authority.
49-16B-47
Bylaws, rules and regulations of authority.
49-16B-48 to 49-16B-68. Repealed.
49-16C-1
Railroad trust fund--Creation--Expenditure.
49-16C-2
Transfer of money to railroad authority fund.
49-16C-3
Loans to regional railroad authorities--Procedure.
49-16C-4
Interest and fees on loans to regional authorities.
49-16C-5
Expenditures to match federal funds.
49-16C-6
Expenditure to join other states in preserving certain railroad.
49-16C-7
Continuous appropriation of fund.
49-16C-8
Purchase of rolling stock or operation of railroad not authorized.
49-17-1 to 49-17-18. Repealed.
49-17-19
Acceptance by commission of funds for railroad improvement--Acquisition,
construction and operation of facilities.
49-17-20
Acceptance of moneys for county or municipality for railroad purposes.
49-17-21
Contracts for continuation and improvement of freight service.
49-17-22
Identification of branch trackage with potential for service.
49-17-23
Programs for improvement of freight service on branch trackage.
49-17-24
Contracts for improvement of freight service.
49-17-25
Participation required from users of improved service.
49-17-26
Payment to state of portion of revenue increase from improved service.
49-17-27
Separate fund for improvement and conservation of branch lines.
49-17-28
Acceptance of funds for improvement of branch line service.
49-17-29
Vouchers and warrants for expenditures for improvement of branch line
service.
49-17A-1
Definition of terms.
49-17A-2
Creation of authority by agreement of subdivisions.
49-17A-3
Contents of agreement creating authority.
49-17A-3.1
Authority may not change resolution eschewing taxing power.
49-17A-4
Filing of agreement and resolutions--Certificate of incorporation--Beginning of
corporate existence.
49-17A-5
Hearing before adoption of resolution--Publication of notice.
49-17A-6
Election of commissioners--Terms of office--Vacancies.
49-17A-7
Power vested in commissioners--Rules for operation.
49-17A-8
Chairman and secretary-treasurer of authority.
49-17A-9
Executive director and other agents--Delegation of powers and duties.
49-17A-10
Reimbursement of commissioners' expenses.
49-17A-11
Addition of subdivision to authority.
49-17A-12
Withdrawal of subdivision from authority--Disposition of assets and liabilities.
49-17A-13
Filing of resolution increasing or decreasing authority--Amended certificate of
incorporation.
49-17A-14
Powers of political subdivisions in aid of regional authority.
49-17A-15
Corporate powers of authority.
49-17A-16
Planning, acquisition and operation of railroads and facilities--Acquisition of
property.
49-17A-17
Use of public waters by authority--Buildings, roadways and bridges.
49-17A-18
Power of eminent domain--Restrictions on acquisition of public or railroad property.
49-17A-19
Public purpose and necessity for acquisitions.
49-17A-20
Exemption from taxation of property and income of authority.
49-17A-21
Annual certification of tax levy for authority--Levy of tax--Collection.
49-17A-21.1
Zones of benefit--Tax levy applied to.
49-17A-22
Maximum tax levy--County levy not applied in subdivision making levy.
49-17A-23
Deposit of tax proceeds--Expenditure.
49-17A-24
Covenant to levy taxes until bonds paid.
49-17A-25
Acceptance and expenditure of federal and other grants and loans.
49-17A-26
Designation of railroad division as agent of authority--Funds held in separate
account--Vouchers and warrants.
49-17A-27
Issuance of bonds and notes--Purposes for which proceeds used.
49-17A-28
Revenues and funds pledged to payment of bonds and notes--Negotiability.
49-17A-29
Resolutions for bonds or notes--Security agreement--Terms and conditions.
49-17A-30
Mortgages and deeds of trust to secure obligations--Filing.
49-17A-31
Bond recital conclusive as to authority and purpose.
49-17A-32
Continuing validity of signatures on bonds and notes--Temporary bonds.
49-17A-33
Sale of bonds.
49-17A-34
Bonds exempt from taxation.
49-17A-35
Persons executing bonds not personally liable.
49-17A-36
Arrangements for operating and providing railroad service.
49-17A-37
Grant of operating privileges and use of railroad and facilities.
49-17A-38
Repealed.
49-17A-39
Disposition of property of authority.
49-17A-40
Citation of chapter.
CHAPTER 49-28
MOTOR CARRIER REGULATION
49-28-1 Definitions.
49-28-2 49-28-2, 49-28-2.1. Repealed by SL 1995, ch 259, §§ 35, 36.
49-28-3 Motor carrier status as question of fact.
49-28-4 49-28-4, 49-28-4.1. Repealed by SL 1995, ch 259, §§ 3, 4.
49-28-5 49-28-5 to 49-28-8. Repealed by SL 1985, ch 374, § 49.
49-28-8.1 49-28-8.1. Repealed by SL 1995, ch 259, § 5.
49-28-8.2 49-28-8.2. Repealed by SL 1995, ch 259, § 37.
49-28-9 49-28-9. Repealed by SL 1985, ch 374, § 49.
49-28-9.1 49-28-9.1. Repealed by SL 1995, ch 259, § 6.
49-28-10 49-28-10. Repealed by SL 1985, ch 374, § 49.
49-28-10.1 49-28-10.1. Repealed by SL 1995, ch 259, § 7.
49-28-11 49-28-11. Repealed by SL 1985, ch 374, § 49.
49-28-12 49-28-12 to 49-28-14. Repealed by SL 1995, ch 259, §§ 8 to 10.
49-28-15 49-28-15. Repealed by SL 1981, ch 334, § 6.
49-28-15.1 49-28-15.1 to 49-28-18. Repealed by SL 1995, ch 259, §§ 11 to 14.
49-28-19 49-28-19. Repealed by SL 1985, ch 374, § 49.
49-28-19.1 49-28-19.1, 49-28-20. Repealed by SL 1995, ch 259, §§ 15, 16.
49-28-21 49-28-21, 49-28-22. Repealed by SL 1985, ch 374, § 49.
49-28-23 49-28-23. Repealed by SL 1981, ch 334, § 9.
49-28-24 49-28-24 to 49-28-27. Repealed by SL 1995, ch 259, §§ 17 to 21.
49-28-28 49-28-28. Repealed by SL 1994, ch 356, § 2.
49-28-29 49-28-29 to 49-28-30.1. Repealed by SL 1995, ch 259, §§ 22 to 24.
49-28-31 49-28-31. Repealed by SL 1981, ch 334, § 11.
49-28-32 49-28-32. Repealed by SL 1985, ch 374, § 49.
49-28-33 Rules governing motor carriers--Promulgation--Conformity with federal rules.
49-28-34 49-28-34. Repealed by SL 1985, ch 374, § 49.
49-28-35 49-28-35. Repealed by SL 1995, ch 259, § 26.
49-28-36 49-28-36 to 49-28-36.2. Repealed by SL 2014, ch 219, §§ 1 to 3.
49-28-36.3 49-28-36.3. Repealed by SL 1989, ch 398, § 2.
49-28-36.4 49-28-36.4 to 49-28-36.6. Repealed by SL 2014, ch 219, §§ 4 to 6.
49-28-36.7 Application for permit.
49-28-36.8 49-28-36.8. Repealed by SL 2014, ch 219, § 7.
49-28-37 49-28-37. Repealed by SL 1985, ch 374, § 49.
49-28-38 49-28-38. Repealed by SL 1995, ch 259, § 27.
49-28-39 49-28-39. Repealed by SL 1985, ch 374, § 49.
49-28-40 49-28-40. Repealed by SL 1995, ch 259, § 28.
49-28-40.1 49-28-40.1. Repealed by SL 1993, ch 347, § 1.
49-28-40.2 49-28-40.2. Repealed by SL 2014, ch 219, § 8.
49-28-41 Cooperation with FMCSA--Department as party in proceedings before FMCSA.
49-28-41.1 Appearance before FMCSA--Department substituted as party.
49-28-42 49-28-42, 49-28-43. Repealed by SL 1995, ch 259, §§ 30, 31.
49-28-44 49-28-44. Repealed by SL 1981, ch 334, § 16.
49-28-45 Disposition of fees received from carriers.
49-28-46 49-28-46. Repealed by SL 1981, ch 334, § 17.
49-28-47 49-28-47. Repealed by SL 1985, ch 374, § 49.
49-28-48 49-28-48. Repealed by SL 1995, ch 259, § 38.
49-28-49 49-28-49. Repealed by SL 1975, ch 284, § 3.
49-28-50 Reports and statements by carriers.
49-28-51 Procedure before department.
49-28-52 Enforcement of department's orders.
49-28-53 Procedure for rehearing, review, or appeal.
49-28-54 49-28-54, 49-28-55. Repealed by SL 2014, ch 219, §§ 9, 10.
49-28-56 49-28-56 to 49-28-60. Repealed by SL 1974, ch 298.
49-28-61 49-28-61. Repealed by SL 1985, ch 374, § 49.
49-28-62 Violation of chapter as misdemeanor.
49-28-63 Noncompliance with chapter or with department order as misdemeanor.
49-28-64 Discrimination, false statements or documents, and evasion of regulation as misdemeanors.
49-28-65 49-28-65. Repealed by SL 2006, ch 234, § 20.
49-28-66 Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
49-28-67 49-28-67. Repealed by SL 2006, ch 234, § 22.
49-28-68 49-28-68. Repealed by SL 1995, ch 259, § 34.
49-28-69 Compliance with the Unified Carrier Registration Act.
49-28-70 Definitions relating to motor carrier transportation contracts.
49-28-71 Indemnity provisions in motor carrier transportation contracts.
49-28-72 Intermodal equipment agreements.
CHAPTER 49-28A
HAZARDOUS MATERIAL TRANSPORTATION SAFETY
49-28A-1 Definition.
49-28A-2 Rules authorized.
49-28A-3 Adoption of federal regulations--Violation as misdemeanor.
49-28A-3.1 Qualified intrastate drivers under age twenty-one.
49-28A-3.2 Application of federal hours-of-service regulations to gas or electric utility service vehicles.
49-28A-3.3 Implementation of the 2004 federal hours-of-service amendment to preserve federal funding--Exemption.
49-28A-4 49-28A-4. Repealed by SL 1986, ch 395, § 2.
49-28A-5 Annual review of regulations.
49-28A-6 Inspection of vehicles and records.
49-28A-7 Accident involving spill or leakage--Notice--Coordination of actions.
49-28A-8 Acceptance and administration of grants and gifts.
49-28A-9 49-28A-9. Repealed by SL 1986, ch 395, § 3.
49-28A-10 Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor.
CHAPTER 49-30
TELEPHONE AND TELEGRAPH CORPORATIONS
49-30-1 Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators.
49-30-2 Affidavit of directors--Contents of affidavit--Filing with secretary of state.
49-30-3 Certificate of incorporation--Name of corporation--Powers.
49-30-4 Powers of corporation--Survey for proposed pole line--Entry upon property.
49-30-5 Powers of corporation--Holding property for accessory facilities.
49-30-6 Powers of corporation--Purchase of real property for lines--Disposition of property.
49-30-7 Powers of corporation--Construction along waters and highways.
49-30-8 Powers of corporation--Connection with preexisting lines--Expense of connection.
49-30-9 Powers of corporation--Transmission of messages.
49-30-10 Powers of corporation--Accessory facilities.
49-30-11 Powers of corporation--Rules and regulations for transmission of messages.
49-30-12 Powers of corporation--Condemnation of real property.
49-30-13 Board of directors--Election--Terms of office--Director as stockholder.
49-30-14 Voting for directors--Filling vacancies.
49-30-15 Meeting for election of directors--Notice of meeting--Waiver of notice.
49-30-16 Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken.
49-30-17 Notice to stockholders--Notice by mail.
49-30-18 Exhibition of corporate books and records.
49-30-19 Officers of corporation--Appointment by directors.
49-30-20 Subscriptions for capital stock.
49-30-21 Failure to pay for stock--Collection by directors--Forfeiture of previous payments.
49-30-22 Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective date of increase.
49-30-23 Transfer of stock--Stock deemed personal property.
49-30-24 Liability of stockholders--Stock held by fiduciary or as collateral security.
49-30-25 Meetings by teleconference.
CHAPTER 49-31
TELECOMMUNICATIONS SERVICES
49-31-1 Definitions.
49-31-1.1 "Noncompetitive service" defined.
49-31-1.2 "Emerging competitive service" defined.
49-31-1.3 "Fully competitive service" defined.
49-31-1.4 "Price regulation" defined--Determination of fair and reasonable price.
49-31-1.5 Unsolicited telephone call defined.
49-31-1.6 Established business relationship defined.
49-31-2 Applicability of statutes to telecommunications companies.
49-31-3 General supervision of telecommunications companies offering common carrier services by commission where not preempted--Filing application with commission--Demonstration of capabilities--Rules--Offering services without certificate of authority.
49-31-3.1 Approval required for discontinuance of noncompetitive telecommunications service.
49-31-3.2 Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.
49-31-3.3 Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.
49-31-3.4 Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.
49-31-4 Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.
49-31-4.1 Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.
49-31-4.2 Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.
49-31-4.3 Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.
49-31-5 Promulgation of rules for conduct of business.
49-31-5.1 Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.
49-31-5.2 Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.
49-31-5.3 Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.
49-31-5.4 Independent telecommunications companies--"Subscribers" defined.
49-31-6 Valuation of company property.
49-31-7 Improvement of business and equipment--Notice to company from commission.
49-31-7.1 Powers and duties of commission.
49-31-7.2 Liability for damages unaffected.
49-31-7.3 Court order to testify or produce records--Violation as contempt.
49-31-7.4 Obstruction of commission--Civil fine.
49-31-8 49-31-8, 49-31-9. Repealed by SL 1987, ch 345, § 93.
49-31-10 Delivery of messages to persons intended--Care required.
49-31-11 Discrimination prohibited--Civil fine.
49-31-12 Commission to make rate or price schedule--Different rates or prices for different companies or services--Revision of rates--Notice to companies.
49-31-12.1 Tariff as prima facie evidence of reasonableness--Commission certified as true copy.
49-31-12.2 Duties of regulated companies concerning publication and filing of rates or prices.
49-31-12.3 Failure to file tariffs and agreements--Mandamus.
49-31-12.4 Filing of new or changed tariff--Procedures for commission.
49-31-12.5 Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.
49-31-12.6 Deposits into regulatory assessment fee fund.
49-31-12.7 Tariffs for telecommunications services other than emerging and noncompetitive services prohibited.
49-31-12.8 Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.
49-31-13 49-31-13. Repealed by SL 1988, ch 375, § 26.
49-31-14 49-31-14. Repealed by SL 1987, ch 345, § 93.
49-31-14.1 49-31-14.1. Repealed by SL 1992, ch 328, § 22.
49-31-15 Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.
49-31-16 49-31-16. Repealed by SL 1992, ch 328, § 24.
49-31-17 49-31-17. Repealed by SL 1998, ch 274, § 20.
49-31-18 Access provided to companies doing business in same vicinity--Discrimination prohibited.
49-31-19 Tariff of access charges--Approval by commission.
49-31-20 Merger, consolidation, or transfer of stock or other ownership interests--Notification.
49-31-21 49-31-21. Repealed by SL 1998, ch 274, § 22.
49-31-22 49-31-22 to 49-31-24. Transferred to § 49-31-21.
49-31-25 Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.
49-31-26 Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.
49-31-27 49-31-27. Repealed by SL 1987, ch 345, § 93.
49-31-28 Party line and emergency calls--Definitions.
49-31-29 Intentional refusal to relinquish party line in emergency as misdemeanor.
49-31-29.1 "Communication device" and "emergency" defined.
49-31-29.2 Interference with emergency communication--Violation a misdemeanor.
49-31-30 Securing line by claiming nonexistent emergency as misdemeanor.
49-31-31 Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.
49-31-31.1 Electronic communication device defined.
49-31-31.2 Caller identification--Fictitious or misleading--Exceptions.
49-31-32 Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness.
49-31-32.1 Dial-a-porn communications prohibited--Violation as misdemeanor.
49-31-32.2 Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.
49-31-32.3 Each day of violation constitutes separate offense.
49-31-33 Place of commission of offense committed by telephone or other electronic communication device.
49-31-34 49-31-34. Repealed by SL 1983, ch 15, § 122.
49-31-35 Severability and saving clause respecting unlawful telephone calls.
49-31-36 Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor.
49-31-37 Obtaining telecommunications service without payment as theft.
49-31-38 Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.
49-31-38.1 Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission--Civil fine.
49-31-38.2 Additional penalty for violations--Forfeiture of franchise--Foreign corporations.
49-31-38.3 Action by attorney general to forfeit franchise or enjoin transaction of business.
49-31-39 49-31-39, 49-31-40. Repealed by SL 1992, ch 328, §§ 32, 33.
49-31-41 Security on stay of order--Conditions.
49-31-42 Proceedings before circuit court on appeal--Priority.
49-31-43 49-31-43. Repealed by SL 1992, ch 328, § 35.
49-31-44 Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company.
49-31-45 Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned.
49-31-46 Payment for participation in federal proceedings.
49-31-47 Communication devices and services provided to persons with disabilities.
49-31-48 Telecommunication or communication device for individuals with disabilities--Dual party relay system.
49-31-49 Telecommunication or communication device remains property of state for three years.
49-31-50 Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.
49-31-50.1 Use of funds appropriated pursuant to § 49-31-50.
49-31-50.2 Rules relating to cochlear implants.
49-31-50.3 Approval of vouchers--Warrants.
49-31-51 Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected.
49-31-51.1 Promulgation of rules to administer access fee.
49-31-52 Liability for uncollected fees.
49-31-53 Annual review of access fee--Report to legislature.
49-31-54 Administrative cost for collection of fee.
49-31-55 Sources of funds in addition to access fees.
49-31-56 Method of payment of expenditures.
49-31-56.1 Promulgation of rules regarding telecommunications and communication services program.
49-31-57 Penalty for pleading filed for improper purpose--Sanction by commission.
49-31-58 Alternative methods of assigning costs for certain services.
49-31-59 Procedures for approving sale of telecommunications exchanges.
49-31-59.1 Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.
49-31-60 Telecommunications infrastructure--Legislative intent.
49-31-61 Public Communications Network Infrastructure--Composition.
49-31-62 49-31-62 to 49-31-68. Repealed by SL 1999, ch 224, §§ 3 to 9.
49-31-69 Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.
49-31-70 Application for certificate of authority--Notice.
49-31-71 Certificate of authority--Notice and hearing.
49-31-72 Certificate of authority--Time limit for decision.
49-31-73 Rural service areas--Services--Waiver.
49-31-74 Certificate of authority--Retroactive application--Alterations or additions.
49-31-75 Certificate of authority--Commission approval--Violations.
49-31-76 Commission to adopt rules addressing competitive provisions.
49-31-77 Commission may promulgate rules establishing service quality standards.
49-31-78 Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.
49-31-79 Requirements of rural telephone company.
49-31-80 Suspension or modification to carrier with small service area.
49-31-81 Carrier to provide services to competitive telecommunications services provider.
49-31-82 Certain resale restrictions permitted.
49-31-83 Telecommunications companies may form associations--Policy restrictions.
49-31-84 Telecommunication companies may grant incentives to meet competition.
49-31-85 Commission to establish quality of service standards.
49-31-86 Restrictions on price changes for local exchange service--Exemption for promotions.
49-31-86.1 Limitation on promotions.
49-31-86.2 Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.
49-31-87 Dialing parity to be implemented.
49-31-88 Companies not exempt from state or federal law.
49-31-89 Telecommunications company, services or product not to be changed without subscriber authorization--Evidence of authorization--Commission authorized to promulgate rules--Scope of rules.
49-31-90 Third-party verification--Requirements.
49-31-91 Criteria to be met by third-party verification company.
49-31-92 Separate authorization required for each service.
49-31-93 Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.
49-31-94 Penalties for violation--Disposition of fines collected.
49-31-95 Commission authorized to investigate complaints.
49-31-96 Costs of commission proceedings may be assessed against company--Objection.
49-31-97 "Subscriber" defined.
49-31-98 Agencies to establish cost recovery mechanism for certain mandated services--Exemption.
49-31-99 Requirements for telephone solicitors making unsolicited calls.
49-31-100 Operation of and subscription to register--Fees.
49-31-101 State "do-not-call" register.
49-31-102 Copy of register required for telephone solicitors making unsolicited calls.
49-31-103 Commission may use national "do-not-call" registry.
49-31-104 Telephone solicitation account established.
49-31-105 Annual fee for unsolicited calls by telephone solicitors.
49-31-106 Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented.
49-31-107 Telecommunications companies to notify customers of certain provisions.
49-31-108 Telephone solicitation--Violations--Civil penalty.
49-31-109 Definitions.
49-31-110 Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
49-31-111 Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
49-31-112 Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver.
49-31-113 Transit traffic or billing records to be provided by transiting carrier.
49-31-114 Complaint procedure--Provisional remedies.
49-31-115 Promulgation of rules.
49-31-116 Required notice to subscribers of automatic renewal dates in certain telecommunications contracts.
49-31-117 Commission disbursement of certain bond or other proceeds to affected customers--Interest.
49-31-118 Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale.
49-31-119 Charge for exclusion of number from wireless directory assistance service database prohibited.
49-31-120 Definitions.
49-31-121 Obtaining confidential communications records without authorization from customer as misdemeanor.
49-31-122 Selling confidential communications records without authorization from customer as felony.
49-31-123 Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order.
49-31-124 Communications provider permitted to obtain confidential communications records through agents.
49-31-125 Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer.
49-31-126 Civil action for violation--Double damages, costs, and attorney's fees.
49-32-1
Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way.
49-32-2
Malicious destruction of equipment--Misdemeanor--Civil liability.
49-32-3
Moving structures across or under utility's lines--Notice to utility--Deposit for costs.
49-32-3.1
Required notice to telecommunications company--Planning meeting required.
49-32-3.2
"Wind collector system" defined.
49-32-4
Municipal regulation of movement of buildings or location of equipment.
49-32-5
Minimum height of telecommunications facilities or wires--Violation as petty
offense.
49-32-6
Damages not collectible for destruction of facilities or wires under minimum height.
49-32-7
Repealed.
49-32-8
Liability for negligence unaffected.
49-32-9
Repealed.
49-32-10
Overhead high voltage line safety--Definition of terms.
49-32-11
Activities bringing persons or equipment in proximity to high voltage lines
prohibited--Violation as misdemeanor.
49-32-12
Storage or maintenance of equipment or structure in proximity to high voltage line
prohibited--Violation as misdemeanor.
49-32-13
Warning signs to be posted on cranes and hoisting equipment--Violation as
misdemeanor--Separate offenses.
49-32-14
Notice to utility of necessary work in proximity to high voltage line--Protective
measures--Violation as misdemeanor.
49-32-15
Repealed.
49-32-16
Activities exempt from high voltage safety requirements.
49-32-17
Liability of violator.
49-32-18
Electric transmission line defined.
49-32-19
Incumbent electric transmission owner defined.
49-32-20
Right of incumbent electric transmission owner to construct and own electric
transmission line to electric facilities--Notice--Permit application.
49-32A-1
Definition of terms.
49-32A-2
Purpose of translator district.
49-32A-3
Areas includable in translator districts.
49-32A-4
Establishment of translator district by county ordinance.
49-32A-5
Feasibility study by professional engineering consultant--Scope of study.
49-32A-6
Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing.
49-32A-7
Initial board of trustees for district--Number--Qualifications--Terms of office.
49-32A-8
Appointment of successor trustees--Term of office--Filling of vacancies.
49-32A-9
Meetings of district trustees--Regular time and place--Notice of change.
49-32A-10
Trustees not compensated--Expenses.
49-32A-11 to 49-32A-13. Repealed.
49-32A-14
Preparation of annual budget--Presentation to county commissioners--Appropriations.
49-32A-15
District treasurer--Separate fund--Disbursements on warrants.
49-32A-16
Television services provided by translator districts--Cable service prohibited.
49-32A-17
Acquisition and operation of electronic transmission and relay systems--Land and
property acquisition--Compensation of property owners.
49-32A-18
Contracts with public agencies--Employment of personnel.
49-32A-19
Permits and licenses held by district.
49-32A-20
Annexation of contiguous territory--Procedure.
49-32A-21
Dissolution of district--Distribution of assets.
CHAPTER 49-33
ELECTRIC, STREET RAILWAY AND GAS CORPORATIONS
49-33-1 Incorporation of company--Articles of incorporation--Perpetual existence--Reinstatement of articles as amended.
49-33-2 Provisions applicable to gas companies.
49-33-3 Affidavit of incorporators--Contents--Filing with secretary of state--Fee of secretary.
49-33-4 Certificate of incorporation--Corporate name--Rights conferred by certificate.
49-33-5 Powers of corporation--Operation of business.
49-33-5.1 Powers of corporation--Business corporation powers.
49-33-6 Powers of corporation--Survey of proposed route--Entry upon property.
49-33-7 Powers of corporation--Buildings and accessory facilities--Contracts with municipalities.
49-33-8 Powers of corporation--Holding property.
49-33-9 Powers of corporation--Purchase of property--Disposition of unneeded property.
49-33-10 Powers of corporation--Right-of-way--Condemnation of land--Alteration of roadways--Expenses.
49-33-11 Powers of corporation--Connection with other facilities--Use of facilities--Accessory facilities.
49-33-12 Powers of corporation--Rules and regulations--Rates--Discrimination prohibited.
49-33-13 Powers of corporation--Extraterritorial powers.
49-33-14 Board of directors--Election and term of office--Voting for directors--Vacancies.
49-33-14.1 Bylaws--Adoption, amendment or repeal by board.
49-33-14.2 Annual and special meetings of stockholders--Quorum--Notice.
49-33-15 Director as stockholder--Minimum stock ownership.
49-33-16 49-33-16. Repealed by SL 1986, ch 396, § 5.
49-33-17 Officers of corporation.
49-33-18 Books and records--Exhibition to stockholders--Right to examine by certain stockholders.
49-33-19 Capital stock subscription.
49-33-20 Failure to pay for subscription--Collection by directors--Forfeiture of amounts previously paid.
49-33-21 Transfer of stock--Stock deemed personal property.
49-33-22 Increase in capital stock and amendment of articles of incorporation--Majority vote or greater required.
49-33-23 Issuance of preferred stock.
49-33-24 Series of preferred stock--Characteristics of stock--Dividends--Voting powers.
49-33-25 Certificate of issuance of preferred stock--Filing with secretary of state.
49-33-26 Increasing or decreasing preferred stock--Resolution of directors.
49-33-27 Liability of stockholders--Stock held by fiduciary or as collateral security.
49-33-28 Holding of stock in other corporations.
49-33-29 49-33-29. Repealed by SL 1986, ch 396, § 10.
49-33-30 Consolidation or merger with other corporations--Approval of plan.
49-33-31 Articles of incorporation requiring greater vote control.
CHAPTER 49-34
ELECTRIC, GAS, WATER, HEATING, REFRIGERATION AND STREET RAILWAYS FACILITIES AND SERVICE
49-34-1 Use of public way for transmission facilities.
49-34-2 Construction standards--Obstruction of travel--Repairs.
49-34-3 Contracts for central heating.
49-34-4 Acquiring property for accessory facilities--Procedure for condemnation.
49-34-5 Condemnation of parks or boulevards prohibited.
49-34-6 Extension of facilities--Branch lines--Designation of route--Filing with secretary of state--Aid authorized.
49-34-7 Branches to commercial facilities--Condemnation of right-of-way--Maximum length of branch.
49-34-8 Extension of foreign facilities through state--Local taxation and regulation.
49-34-9 Power to borrow money and give security--Resolution of board of directors.
49-34-10 Foreclosure of security--Succession to rights and powers.
49-34-11 Recordation of security with secretary of state--Effective date of lien--After acquired property.
49-34-11.1 Public utility defined.
49-34-11.2 Perfection of security interest in personal property or fixtures of public utility--Filing requirements and effectiveness.
49-34-11.3 Mortgage or trust deed securing debt executed by public utility--Filing requirements and effectiveness.
49-34-11.4 Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements.
49-34-12 Assignment or discharge of security--Recordation with secretary of state--Description of property.
49-34-13 False meter readings as misdemeanor.
49-34-14 Overcharging--Civil fine--Charging station exempt.
49-34-15 Destruction of facilities as felony.
49-34-16 Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.
49-34-17 Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.
49-34-18 Unauthorized use of service--Definitions.
49-34-19 Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.
49-34-19.1 Tampering with back flow preventer a misdemeanor.
49-34-20 Presumptions.
49-34-21 Remedies additional.
CHAPTER 49-34A
GAS AND ELECTRIC UTILITIES REGULATION
49-34A-1 Definition of terms.
49-34A-2 Service required of utilities.
49-34A-2.1 Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
49-34A-3 Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.
49-34A-4 Regulatory powers of commission--Rules.
49-34A-5 Municipal authority terminated.
49-34A-6 Rates to be reasonable and just--Regulation by commission.
49-34A-7 System of accounts.
49-34A-8 Criteria for determination of rates by commission.
49-34A-8.1 Policy to alleviate financial burden of pricing structure.
49-34A-8.2 Incentive rates for improved performance and efficiency.
49-34A-8.3 Business development rates--Public interest exception.
49-34A-8.4 Burden on public utility to establish criteria for determination of rates.
49-34A-9 Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.
49-34A-10 Tariffs and schedules filed by utilities--Public inspection.
49-34A-11 Burden of proving reasonableness of rates.
49-34A-12 Change in rates--Notice to commission and affected customers.
49-34A-13 Hearing on rate changes.
49-34A-13.1 Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.
49-34A-14 Suspension of proposed rate or practice pending hearing--Time.
49-34A-15 49-34A-15. Repealed by SL 1976, ch 296, § 30.
49-34A-16 Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses.
49-34A-17 Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit.
49-34A-18 49-34A-18. Repealed by SL 1976, ch 296, § 30.
49-34A-19 Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.
49-34A-19.1 Separate accounts required for nonutility business--Profits and losses considered by commission.
49-34A-19.2 Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.
49-34A-20 Rate increases not required to prevent competition.
49-34A-21 Determination of rates--Order--Maximum rate--Classification adjustment.
49-34A-22 Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.
49-34A-23 Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions.
49-34A-24 Municipal taxes on utilities passed on to customers.
49-34A-25 Automatic adjustment of rates for changes in energy, fuel and gas costs, ad valorem taxes paid or commission approved fuel incentives--Revised rate schedule filed by utility--Filing of bond if commission orders--Order of commission--Appeal.
49-34A-25.1 Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.
49-34A-25.2 Approval, rejection, or modification of certain tariffs--Notice and hearing.
49-34A-25.3 Filing for annual rate adjustments--Contents.
49-34A-25.4 Standards for approval of annual rate adjustments.
49-34A-26 Investigation of rates or services by commission--Notice--Action.
49-34A-27 Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.
49-34A-28 49-34A-28. Repealed by SL 1976, ch 296, § 30.
49-34A-29 Issue of security or assumption of liability by utility prohibited unless authorized by commission.
49-34A-30 Short-term obligations permitted without commission approval--Maximum outstanding.
49-34A-31 Prompt disposition of applications on securities and obligations--Continuance.
49-34A-32 Findings required to permit issue of securities or assumption of obligation.
49-34A-33 Order permitting issue of securities or assumption of obligations--Supplemental orders.
49-34A-34 Application of security or proceeds in contravention of order prohibited unless commission consents.
49-34A-35 Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.
49-34A-36 Investigation of proposed disposition of property--Time for decision.
49-34A-37 Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.
49-34A-38 49-34A-38, 49-34A-38.1. Repealed by SL 2007, ch 270, §§ 4, 5.
49-34A-39 Investigation of condition of public utilities--Hearings.
49-34A-40 Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.
49-34A-41 Order for production of utility books and records--Out-of-state records.
49-34A-42 Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.
49-34A-43 Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.
49-34A-44 Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.
49-34A-45 Payments to municipality from revenues of cooperative providing electric service within municipality.
49-34A-46 Payments to municipality owning electric system from revenues of electric utility operating within municipality.
49-34A-47 Time of payments to municipality.
49-34A-48 Electric utility's right to continue service in area annexed to municipality.
49-34A-49 Municipal offer to purchase electric facilities in annexed area.
49-34A-50 Purchase price for electric facilities in area annexed by municipality.
49-34A-51 Application for determination by commission of price for municipal purchase of electric facilities in annexed area.
49-34A-52 Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.
49-34A-53 49-34A-53. Repealed by SL 1992, ch 330, § 2.
49-34A-53.1 Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.
49-34A-54 Purchase by utility of areas disannexed by municipality.
49-34A-55 Sale or exchange of rights and property allowed between municipalities and utilities.
49-34A-56 Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
49-34A-57 Extension of lines to serve utility's or municipality's own property.
49-34A-58 Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply.
49-34A-59 Notice and hearing on violation of service area provisions--Time for decision.
49-34A-60 49-34A-60. Repealed by SL 1976, ch 296, § 30.
49-34A-61 Burden of proof on party seeking to modify or vacate commission order.
49-34A-61.1 Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.
49-34A-62 Parties entitled to rehearings and appeals--Procedure.
49-34A-63 49-34A-63, 49-34A-64. Repealed by SL 1976, ch 296, § 30.
49-34A-65 Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal.
49-34A-66 Violation of law or commission order--Civil penalty.
49-34A-67 Each violation or day's continuation as separate offense.
49-34A-68 Penalties cumulative--Single action does not bar other remedies.
49-34A-69 Commission to refer violations to attorney general.
49-34A-70 Preference on calendar for proceedings under chapter.
49-34A-71 Chapter complete--Laws in conflict repealed.
49-34A-72 Commission participation in federal proceedings--Recovery of expenses.
49-34A-73 Phase in rate plan for rate increases due to plant additions.
49-34A-73.1 Plant additions defined.
49-34A-74 Approval of phase in rate plan--Conditions.
49-34A-75 Review of reasonableness of rates under phase in rate plan--Adjustment.
49-34A-76 Filing of general rate case after end of phase in rate plan--Exception.
49-34A-77 Filing fee for phase in rate plan.
49-34A-78 Nonapproval of application for phase in rate plan.
49-34A-79 Public or electric utilities authorized to remove certain obstructions.
49-34A-80 Certain commercial small power production facilities subject to 49-34A-80 to 49-34A-92.
49-34A-81 49-34A-81. Repealed by SL 2003, ch 49, § 4.
49-34A-82 Definitions.
49-34A-83 Refund or credit of certain taxes for construction of certain power production facilities.
49-34A-84 Requirements for refund.
49-34A-85 Amount of refund.
49-34A-86 Application for refund--Refund claim not assignable--Exception.
49-34A-87 Secretary to prescribe form and documentation requirements.
49-34A-88 Deadline for submitting claim for refund--Department to withhold percentage of refund.
49-34A-89 Withheld amounts paid at completion of project.
49-34A-90 Fraudulent claim--Refunded sums constitute lien in favor of state.
49-34A-91 Right to hearing on denial of refund claim.
49-34A-92 Promulgation of rules.
49-34A-93 Implementation of and compliance with certain federal energy acts.
49-34A-94 Renewable electricity and recycled energy defined.
49-34A-95 Renewable energy credits for electricity authorized.
49-34A-96 Promulgation of rules regarding renewable energy credit system.
49-34A-97 Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.
49-34A-98 Approval, rejection, or modification of certain electric service tariffs.
49-34A-99 Annual rate adjustment filings for certain electric service tariffs.
49-34A-100 Approval, rejection, or modification of annual rate adjustment.
49-34A-101 State renewable, recycled, and conserved energy objective established.
49-34A-102 Qualifications for meeting renewable, recycled, and conserved energy objective.
49-34A-103 Calculation of amount of electricity from renewable, recycled, and conserved energy source.
49-34A-104 Evaluation of use as reasonable and cost effective.
49-34A-105 Annual reports concerning renewable, recycled, and conserved energy objective.
49-34A-106 Purchase and retirement of renewable energy and recycled energy credits.
49-34A-107 Separation and protection of assets of gas and electric utilities.
49-34A-108 Electric utility to file rates for purchases of electricity produced by small renewable power facilities.
49-34A-109 Definitions.
49-34A-110 Responsibility for safety and reliability of farm tap distribution system.
49-34A-111 Liability of farm tap service provider.
49-34A-112 Repealed.
49-34A-113 Repealed.
49-34A-114 Repealed.
49-34A-115 Repealed.
49-34A-116 Electric vehicle charging station--Electric utility--Exception.
CHAPTER 49-34B
PIPELINE SAFETY
49-34B-1 Definition of terms.
49-34B-2 49-34B-2. Repealed by SL 2018, ch 267, § 1.
49-34B-3 Pipeline safety inspection program created--Compliance program.
49-34B-4 Promulgation of safety standards--Considerations.
49-34B-5 Noncompliance--Hearing--Corrective action.
49-34B-6 Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.
49-34B-7 Required records and information--Inspection by employee or agent of commission.
49-34B-8 Programs for prevention of damage.
49-34B-9 Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.
49-34B-10 Calculating inspection fee for intrastate operators.
49-34B-11 Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.
49-34B-12 Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.
49-34B-13 Conduct in violation of federal act--Authority of commission to pursue remedies.
49-34B-14 Commission as agent of United States Department of Transportation in regulating interstate pipelines.
49-34B-15 Designation of commission's inspectors as federal agents.
49-34B-16 Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account.
49-34B-17 Calculation of interstate operator's inspection fee.
49-34B-18 Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.
49-34B-19 Promulgation of inspection and safety rules.
49-34B-20 Promulgation of rules for calculation, assessment, and collection of fees.
49-34B-21 Accident report available in judicial proceedings.
49-34B-22 Trade secrets information confidential.
49-34B-23 Acceptance of federal moneys.
49-34B-24 Waiver of compliance with standards--Reasons to be stated.
49-34B-25 Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor.
49-34B-26 Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony.
49-34B-27 Powers of commission in enforcement of chapter.
CHAPTER 49-34C
BIOGAS GATHERING LINES SAFETY
49-34C-1 Definition of terms.
49-34C-2 Operation of biogas lines--Written notice--Contents of notice.
49-34C-3 Operation of biogas lines--Required signage.
49-34C-4 Failure to comply--Interruption of operation.
49-34C-5 Failure to comply--Misdemeanor.
49-35-1
Definitions.
49-35-2
Purpose of district.
49-35-3
District as public corporation and political subdivision--Capacity to sue and be
sued--General powers.
49-35-4
Composition of district--Division of municipalities prohibited--Districts within
districts.
49-35-5
Procedure for creation of district.
49-35-6
Rural areas--Petition to clerk of courts.
49-35-7
Contents of petition.
49-35-8
Signatories to petition--Basis for computing minimum required signatures--Information in addition to signatures.
49-35-9
Affidavit by circulator of petition.
49-35-10
Issuance of certificate of filing of petition.
49-35-11 to 49-35-14. Repealed.
49-35-15
Submission to electors--Procedure for conducting election.
49-35-16
Certification of election returns.
49-35-17
Annexation of additional territory--Consolidation of districts--Petitions--Election.
49-35-18 to 49-35-26. Repealed.
49-35-27
Amendment of petition to change name or principal place of business--Changing number of directors--Changes authorized by directors.
49-35-28, 49-35-29. Repealed.
49-35-30
Amendment of petition for creation of district--Effective date of amendment.
49-35-31
Repealed.
49-35-32
Citation of chapters.
49-36-1
Election of directors--Persons entitled to vote--Nonpartisan ballot required--Terms
of directors.
49-36-1.1
Procedure for election.
49-36-1.2
Endorsement of candidate by political party punishable as misdemeanor.
49-36-1.3
Content and filing of nominating petitions.
49-36-1.4
References to party ballot or affiliation prohibited on petition.
49-36-1.5
When placement of names on primary ballot unnecessary.
49-36-1.6
Order of candidate names.
49-36-1.7
Separate ballots for primary elections--Title--Content.
49-36-1.8
Form of ballot prescribed by board.
49-36-1.9
Nominees.
49-36-1.10
Reduction in number of nominees through death, withdrawal or disqualification--Availability of nominating petition.
49-36-2
Duties of election officials.
49-36-3
Certification of election districts by secretary of state--Number of directors--Additional information.
49-36-4
Increasing or decreasing number of directors--Division of territory for election of
directors--Composition of subdivisions--Persons entitled to vote.
49-36-5
Precincts not within district--Attachment to adjacent county.
49-36-6
Vacancies on board of directors--Circumstances creating vacancy--Filling by board
of directors.
49-36-7
Oath of directors.
49-36-8
Repealed.
49-36-9
Removal of directors--Grounds for removal.
49-36-10
Exercise of power by board of directors.
49-36-11
Qualifications of director.
49-36-12
Adoption of rules, regulations, and bylaws by directors--Majority as quorum--Majority vote required for action.
49-36-13
Officers of district--Certain officers elected from membership of board of directors.
49-36-14
Bond of treasurer and other designated officers--Amount and conditions of bond--Cost.
49-36-15
General manager as chief executive officer.
49-36-16
Compensation for members of board of directors.
49-36-17
Repealed.
49-36-18
Interest in district contracts prohibited--Violation as ground for removal from office--Interest as voiding obligation under contract.
49-36-19
Authorization to bargain collectively with employees--Rights of employees to
organize.
CHAPTER 49-37
CONSUMERS POWER DISTRICT POWERS AND OPERATIONS
49-37-1 Usual corporate powers--Power to hold property in conduct of business--Authority to promote district.
49-37-2 Acquisition or operation of electric plants and systems inside or outside district--Singular or joint operations--Purpose.
49-37-3 49-37-3. Repealed by SL 1998, ch 276, § 26.
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 district--Delegation of contractual powers to agent.
49-37-4.2 Validation of prior contracts providing for designation of agent.
49-37-4.3 Cooperation in generation and transmission facilities--Permissible terms of contract.
49-37-5 Duty to sell at wholesale to municipalities or other political subdivisions.
49-37-6 Joint action with other districts.
49-37-7 District as having no power to tax.
49-37-8 State and other political subdivisions not liable for district's obligations.
49-37-9 Duty to cause estimates before entering into contract--Joint projects excepted--Minimum number of bids.
49-37-9.1 Prior joint acts validated despite bid law noncompliance.
49-37-10 Competitive bidding requirements suspended during emergency.
49-37-11 Competitive bidding requirements suspended during war.
49-37-12 Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted.
49-37-13 Privilege tax levied against district.
49-37-14 Computation and payment of tax.
49-37-15 Taxes on districts qualifying as rural electric companies.
49-37-16 Charges for services--Discrimination prohibited.
49-37-17 Districts not within jurisdiction of Public Utilities Commission.
49-37-18 District as franchised to use streets of municipality for transmission lines.
49-37-19 Contracts with municipality for sale at wholesale--Authority of municipality.
49-37-20 Other contracts with municipalities--Authority of municipality.
49-37-21 Districts as works of internal improvement--Applicability of laws respecting internal improvements.
49-37-22 Just compensation for use of state waters--Amount of compensation.
49-37-23 Liability of district respecting use of water.
49-37-24 Investment of district funds--Regulations--Investment officer.
49-37-25 Indemnification of directors, officers, employees or agents.
49-38-1
Minutes of meetings--Books of account--Place of keeping--Public inspection.
49-38-2
Annual audit by department of legislative audits--Filing with auditor-general--Cost
of audit.
49-38-3
Contents of audit.
49-38-4
Time for audit--Furnishing information to auditor.
49-38-5
Repealed.
49-38-6
Repealed.
49-38-7
Expenditure of district moneys--Approval by board of directors.
49-38-8
Repealed.
49-38-9
Repealed.
49-39-1
Authority to borrow--Funds available for repayment--Security for loan.
49-39-2
Pledging revenues as security for borrowing.
49-39-3
Resolution specifying particular revenues pledged.
49-39-4
Refunding of indebtedness--Issuance of refunding securities--Disposition of
proceeds.
49-39-5
Payment of pledged revenues into special fund--Use of revenues--Designation of
depository.
49-39-6
Sale of bonds.
49-39-6.1
Issuance of variable rate obligations--Authorization by resolution--Scope.
49-39-6.2
Enhancement of security for variable rate obligations--Credit agreements--Payment
of costs.
49-39-7
Agreement with bondholders respecting charges for electricity.
49-39-8
Pledging revenues to secure federal indebtedness--State not liable.
49-39-9
Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control.
49-39-10
Default on bonds--Court appointment of receiver--Authority of receiver to operate
district--Discharge of receiver and return of district to control.
49-39-11
Pledges of revenues and refunding securities--Validation--Retroactive application.
49-40-1
Conditions under which assets may be transferred or encumbered.
49-40-2
Hypothecation of assets permitted.
49-40-3
Sale of consumers power district assets.
49-40-3.1
Sale of assets--Retroactive application.
49-40-4
Right of municipality to purchase portion of assets within boundaries.
49-40-5
Inability to agree with municipality on price--Court determination--Basis of
determination.
49-40-6
Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award.
49-40-7
Repealed.
49-40-8
Lease or alienation of facilities within municipality.
49-40-9
Petition for dissolution of district--Conditions under which dissolution may be
permitted--Notice of dissolution--Contents of notice--Expenses of dissolution.
49-40-10
Court hearing and investigation respecting dissolution--Filing order of dissolution
with clerk of courts and secretary of state.
CHAPTER 49-41B
ENERGY CONVERSION AND TRANSMISSION FACILITIES
49-41B-1 Legislative findings--Necessity to require permit for facility.
49-41B-1.1 49-41B-1.1. Repealed by SL 1981, ch 340, § 1.
49-41B-2 Definition of terms.
49-41B-2.1 Transmission facility defined.
49-41B-2.2 Modified facility defined.
49-41B-3 Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents.
49-41B-4 Permit required before construction of facility after certain date.
49-41B-4.1 Trans-state transmission facility--Permit and legislative approval required.
49-41B-4.2 Trans-state transmission line--Criteria required.
49-41B-4.3 Seasonal diversity exchange of electric power.
49-41B-4.4 Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land.
49-41B-4.5 Foreclosure on nondivested agricultural land.
49-41B-4.6 Corporate ownership of agricultural land.
49-41B-4.7 Divestiture of less than fair market value not required.
49-41B-4.8 49-41B-4.8. Repealed by SL 1981, ch 343, § 5, as amended by SL 1983, ch 350, § 2.
49-41B-5 Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests.
49-41B-5.1 Posting of signs on proposed site--Time for posting--Contents.
49-41B-5.2 Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor.
49-41B-6 Designation of affected area by commission after notification of intent filed--Local review committee designated, composition.
49-41B-7 Assessment by local review committee--Factors included.
49-41B-8 Employment of personnel by committee--Expenses--Information furnished by commission.
49-41B-9 Financing of committee expenses.
49-41B-10 Final report of committee.
49-41B-11 Applications for permit--Filing deadline--Form--Contents.
49-41B-12 Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee.
49-41B-13 Denial, return, or amendment of application--Grounds--Applicant permitted to make changes.
49-41B-14 Further data provided prior to hearings if required--Prehearing conference.
49-41B-15 Commission procedure following receipt of application for permit.
49-41B-16 Public input hearing--Location--Publication of notice.
49-41B-17 Parties to proceedings under chapter.
49-41B-17.1 County auditor as agent for service of process on party--Request for personal service.
49-41B-17.2 Contested case hearing.
49-41B-18 49-41B-18. Repealed by SL 1982, ch 332, § 2.
49-41B-19 Evidence from state agencies or local government.
49-41B-19.1 Public comments on application.
49-41B-20 Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.
49-41B-21 Environmental impact statement.
49-41B-22 Applicant's burden of proof.
49-41B-22.1 Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.
49-41B-22.2 Reapplication for permit--Discussion of commission as to applicant's burden of proof.
49-41B-22.3 Reapplication for permit--Deposits and fees required.
49-41B-23 Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.
49-41B-24 Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.
49-41B-24.1 Extension of deadlines.
49-41B-25 Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.
49-41B-25.1 Notice to commission of planned construction of certain wind energy projects.
49-41B-25.2 Wind energy facility to include aircraft detection lighting system.
49-41B-26 Accounting for expenditures of applicant's deposit--Refund of unused moneys.
49-41B-27 Construction, expansion, and improvement of facilities.
49-41B-28 Supersession of local land use controls--Exception.
49-41B-29 Transfer of permit--Commission approval--Rules.
49-41B-30 Circuit court review of commission decision by aggrieved party--Procedures.
49-41B-31 Order not stayed by appeal--Stay or suspension by court.
49-41B-32 Surety bond required if order stayed or suspended--Other security.
49-41B-33 Revocation or suspension of permit--Grounds.
49-41B-34 Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.
49-41B-35 Promulgation of rules.
49-41B-36 Authority to route or locate facilities not delegated to commission.
49-41B-37 Citation of chapter.
49-41B-38 Indemnity bond for damage to roads and bridges.
49-41B-39 Financial security for decommissioning of wind turbines or solar facilities.
49-41B-40 Rejected by referendum.
49-41B-41 Rejected by referendum.
49-41B-42 Rejected by referendum.
49-41B-43 Rejected by referendum.
49-41B-44 Rejected by referendum.
49-41B-45 Rejected by referendum.
49-41B-46 Rejected by referendum.
49-42-1
Repealed.
49-42-1.1, 49-42-1.2. Repealed.
49-42-2
Repealed.
49-42-2.1
Repealed.
49-42-3 to 49-42-5. Repealed.
49-42-5.1, 49-42-6.
Repealed.
49-42-7
Repealed.
49-42-8
Repealed.
49-42-9 to 49-42-15. Repealed.
49-42-15.1, 49-42-15.2. Repealed.
49-42-16
Repealed.
49-42-17 to 49-42-26. Repealed.
49-42A-1
Public storage warehouse defined.
49-42A-2 to 49-42A-7. Repealed.
49-42A-8
All property to be insured by public storage warehouse--Exception--Violation as
misdemeanor.
CHAPTER 49-43
PUBLIC GRAIN WAREHOUSES
49-43-1 Grain delivered to warehouse considered stored--Other arrangements--Settlement.
49-43-1.1 Definitions.
49-43-2 Delivery constitutes bailment rather than sale.
49-43-2.1 Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.
49-43-3 Grain stored under receipt not liable to seizure--Insolvency of bailee.
49-43-4 49-43-4. Repealed by SL 2008, ch 249, § 6.
49-43-4.1 Promulgation of rules.
49-43-4.2 Public grain warehouse license--Penalty--Injunction--Civil fine.
49-43-4.3 Bond requirement--Violation as misdemeanor.
49-43-4.4 Issuance or denial of license.
49-43-4.5 Expiration of license--Revocation or suspension.
49-43-5 49-43-5. Repealed by SL 1985, ch 376, § 81.
49-43-5.1 Application for license--Contents--Multiple warehouses of licensee.
49-43-5.2 Application fee.
49-43-5.3 Purpose of bond--Amount--Multiple warehouses.
49-43-5.4 49-43-5.4. Repealed by SL 1989, ch 404, § 3.
49-43-5.5 Filing of other financial documents in lieu of bond.
49-43-5.6 Grounds for suspension of license.
49-43-5.7 Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.
49-43-5.8 Possession of warehouse by commission--Notification of surety.
49-43-5.9 Claim against warehouseman--Time limitation--Notice of revocation of license.
49-43-6 49-43-6. Repealed by SL 1985, ch 376, § 81.
49-43-7 Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination.
49-43-8 49-43-8. Repealed by SL 1994, ch 359, § 5.
49-43-9 Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor.
49-43-10 Yearly grain measurement--Additional reports--Violation as misdemeanor.
49-43-10.1 49-43-10.1. Repealed by SL 2017, ch 200, § 3.
49-43-11 Duty to receive grain--Exceptions--Violation as misdemeanor.
49-43-12 49-43-12. Repealed by SL 1985, ch 376, § 81.
49-43-13 Notice of market value of grain and accrued storage charges.
49-43-14 Issuance of new receipts--Cancellation of old receipts.
49-43-15 Conditions to issuance of receipt--Violation as misdemeanor.
49-43-16 49-43-16. Repealed by SL 1985, ch 376, § 81.
49-43-17 Modification of warehouseman's liability prohibited.
49-43-18 Cancellation of receipt upon delivery of grain--Double delivery prohibited.
49-43-19 Partial delivery of grain--Issuance of new receipt--Terms of new receipt.
49-43-20 Division or consolidation of receipts--Cancellation of original receipt--Terms of new receipt.
49-43-21 Warehouseman prohibited from denying title of receipt holder.
49-43-22 Duty to redeliver grain.
49-43-23 Redelivery of identical grain not required--Deduction for dockage and foreign material--Guaranty respecting weight, grade, and quality.
49-43-24 49-43-24. Repealed by SL 1994, ch 359, § 6.
49-43-25 Refusal to deliver grain as theft.
49-43-26 Certificates of weight and grade to be forwarded to warehouse and available for inspection--Violation as grounds for license revocation.
49-43-27 49-43-27, 49-43-28. Repealed by SL 2008, ch 249, §§ 22, 23.
49-43-29 49-43-29. Repealed by SL 1992, ch 277, § 9.
49-43-30 49-43-30. Repealed by SL 1983, ch 15, § 168.
49-43-32 Warehouseman agreeing to delivery contrary to owner's directions as misdemeanor.
49-43-33 Pooling agreements between competing warehousemen as misdemeanor.
49-43-34 49-43-34. Repealed by SL 2008, ch 251, § 24.
49-43-35 Grain bank accounts--Establishment and maintenance.
49-43-36 Open storage grain considered stored grain.
49-43-37 Insurance of grain against loss--Violation as misdemeanor.
49-43-38 Records to be kept in safe place--Inspection.
49-43-39 Notice of damage to or destruction of warehouse.
49-43-40 Inspection of grain warehouses--Subpoena power and examination of witnesses.
49-43-41 Provision of requested records--Civil fine.
49-43-42 Memorandum of adjustments.
49-43-43 Provisions regarding uniform warehouse receipts applicable.
49-43-44 Issuance of receipt for goods not actually received or under the warehouse's control as felony.
49-43-45 Issuance of receipt with false statement as misdemeanor.
49-43-46 Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony.
49-43-47 Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor.
49-43-48 Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor.
49-43-49 Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor.
49-43-50 Appeal of commission decision.
49-43-51 Falsely weighing agricultural product as misdemeanor.
49-43-52 Grain and warehouse fund established.
49-43-53 Repealed.
49-43-54 Contract with independent provider to maintain electronic warehouse receipts.
49-43-55 Commission approval of independent provider--Revocation of approval.
49-43-56 Maintenance of secure electronic central filing system--Promulgation of rules.
49-43-57 Depositor right to paper warehouse receipt.
49-43-58 Commission access to central filing system--Memorandum of adjustments--Civil penalties.
49-43-59 Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim.
49-43-60 Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs.
49-43-61 Parent company furnishing financial statements responsible for financial obligations of licensed entity.
49-43-62 Grain warehouse operator's financial condition--Notice to commission--Penalty--Civil fine.
49-43-63 Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.
49-44-1
Repealed.
49-44-1.1
Repealed.
49-44-2
Repealed.
49-44-2.1
Repealed.
49-44-3 to 49-44-4. Repealed.
49-44-5
Repealed.
49-44-6 to 49-44-17. Repealed.
49-44-18
Repealed.
49-44-19
Repealed.
49-44-20
Repealed.
CHAPTER 49-45
GRAIN BUYERS
49-45-1 Grain buyer's license--Penalty--Civil fine.
49-45-1.1 Definitions.
49-45-2 49-45-2. Repealed by SL 1985, ch 376, § 81.
49-45-3 Expiration, revocation, and suspension of license--Appeal.
49-45-4 49-45-4, 49-45-5. Repealed by SL 1985, ch 376, § 81.
49-45-6 Supervision of grain buyers--Promulgation of rules.
49-45-7 Application for license--Contents--Issuance or denial--Multiple warehouses of licensee.
49-45-7.1 Classes of grain buyer's license.
49-45-8 Fee for license application--Waiver.
49-45-9 Bond requirements--Amount--Violation as misdemeanor.
49-45-9.1 Filing of financial documents in lieu of bond.
49-45-10 Payment for grain by buyer.
49-45-10.1 Uniform scale tickets or receipts.
49-45-11 Voluntary credit sales.
49-45-12 49-45-12. Repealed by SL 2013, ch 238, § 14, eff. April 1, 2013.
49-45-13 Inspection of buyers' facilities--Examination of books--Subpoena power.
49-45-13.1 Memorandum of adjustments--Civil fine for failure to comply.
49-45-14 Reports by buyers--Public inspection not permitted--Violation as misdemeanor.
49-45-15 49-45-15. Repealed by SL 2009, ch 248, § 3.
49-45-16 Grounds for suspension of grain buyer's license--Hearing--Revocation.
49-45-16.1 Receiver--Powers and duties.
49-45-17 Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.
49-45-18 Audit of scale tickets--Certification of quantity and class of grain.
49-45-19 Grain buyer license—Revocation—Filing of claims.
49-45-20 49-45-20. Repealed by SL 2008, ch 251, § 19.
49-45-21 Commission authorized to contract for inspection of grain buyers' assessment and checkoff records.
49-45-22 Class A license requirements--Violation as misdemeanor.
49-45-23 Records of grain purchased and contracts.
49-45-24 Notice of destruction of or damage to facility.
49-45-25 Grain buyer's financial condition--Notice to commission--Penalty--Civil fine.
49-45-26 Provision of requested records--Penalty--Civil fine.
49-45-27 Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.
49-45-28 Parent company furnishing financial statements responsible for financial obligations of licensed entity.
49-45-29 Grain broker--Prohibited activities--Penalty--Civil fine.
49-46-1
Definition of terms.
49-46-2
Rules for development and implementation of program--Submission of program plan
to federal Department of Energy.
49-46-3
Utilities' duties--Liability for violations.
49-46-4
Civil fine for violation by utility--Enforcement action--Venue.
49-46-5
Liability of utility arranging loans or installation for customer.
49-46-6
Master record of suppliers, installers and lenders--Requirements for inclusion and
removal.
49-47-1
Definitions.
49-47-2
Promulgation of rules.
49-47-3
Notice to utility prerequisite to civil action--Utility measurements--Remedial
procedures.
49-47-4
Complaint of failure to comply with chapter--Decision by commission.
49-47-5
Bad faith or harassment claims.
49-47-6
Civil actions.
49-47-7
Limitation of damages in civil action.
49-47-8
Negligence claims only permitted.
