49-11-5. Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor.

No court or judge may grant a restraining order, temporary injunction, or mesne process staying, suspending, or enjoining, during the pendency of any litigation, the operation or enforcement of a law of this state or an order made by its Public Utilities Commission, or an order, resolution, or ordinance made by a board of county commissioners, or governing body of a municipal corporation of this state, fixing the rates or charges for the transportation of messages or for service to be rendered by a public utility or public service corporation, without first requiring, as a condition precedent, the execution and filing in the office of the clerk of such court of a bond conditioned for the repayment and refunding of all rates or charges exacted and received in excess of the rates or charges fixed by the law, order, resolution, or ordinance, the operation of which is stayed or enjoined pending the litigation, if the rate or charge fixed in such law, order, resolution, or ordinance is finally determined in the course of such litigation to be legal and valid.

The violation of such judicial order, this section, or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0402; SL 1979, ch 307, § 73; SL 1983, ch 15, § 103.

49-11-6. Receipt for higher rate during period of stay--Condition precedent to grant of stay--Violation as misdemeanor.

No court or judge may issue a restraining order, temporary injunction, or mesne process described in § 49-11-5 except upon the condition, to be made a condition precedent, that during the pendency of such litigation the common carrier, public utility, or public service corporation upon whose application the restraining order, temporary injunction, or other mesne process was sought must deliver to every patron, firm, person, association or corporation from whom it will exact or receive a rate or charge in excess of the rate or charge fixed in such law or order, resolution, or ordinance, when demanded, a coupon or ticket showing the rate or charge exacted and paid, the total amount collected and what for, the rate or charge fixed in the law, order, resolution, or ordinance, and the amount which would have been collected if the operation of such law, order, resolution or ordinance had not been stayed, suspended, or enjoined, and the amount of money to be refunded if the rates or charges fixed in such law, order, resolution or ordinance are finally be held to be legal and valid.

The violation of such judicial order, this section, or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0402; SL 1983, ch 15, § 104.

49-11-7. Reports filed during period of stay--Contents--Failure as misdemeanor.

If a state law, Public Utilities Commission order, or county or municipal order, resolution, or ordinance fixing rates or charges for service to be rendered by a public utility or public service corporation, has been stayed, suspended, or enjoined, the common carrier, public utility, or public service corporation upon whose application the operation and enforcement was stayed, suspended or enjoined, shall file, during the pendency of such litigation and until its final determination, with the Public Utilities Commission, monthly reports showing any rate or charge exacted in violation of the provisions of such law, order, resolution, or ordinance, the total amount of money received, from whom and what for, the rate which should have been exacted under the terms of such law, order, resolution, or ordinance, the total amount of money which should have been received thereunder, and the amount of the refund to be made if the rates or charges fixed in such law, order, resolution, or ordinance are determined to be legal and valid.

The violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0403; SL 1979, ch 307, § 74; SL 1983, ch 15, § 105.

49-11-8. Duty of carrier to refund where decreased rate is affirmed--Violation as misdemeanor.

If a state law, a county or municipal order, resolution, or ordinance, or a Public Utilities Commission order or rule, fixing the rates for any service rendered by a public utility or public service corporation, is enjoined pending litigation by any court for any cause, and it is finally determined in such litigation that the rate litigated was lawful and valid, the common carrier, public utility, or public service corporation shall refund immediately to the person entitled thereto any rate or charge exacted or collected in excess of the amount authorized by such law, order, resolution, or ordinance.

A violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0401; SL 1979, ch 307, § 75; SL 1983, ch 15, § 106.

49-11-9. Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor.

If, upon the final determination of litigation in which the operation of such law, order, resolution, or ordinance has been stayed, suspended, or enjoined, it is determined that the rates or charges fixed in such law, order, resolution, or ordinance are legal and valid, the Public Utilities Commission shall give notice to the common carrier, public utility, or public service corporation interested, hold a formal hearing and make and enter findings, conclusions and an order requiring the common carrier, public utility, or public service corporation immediately to make a refund persons from whom it has received charges in excess of the rates fixed in such law, order, resolution, or ordinance, and to file with the commission a sworn report, within the time fixed by the order of the commission, showing the amount of money refunded, to whom, and the date of refundment.

A violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0404; SL 1983, ch 15, § 107.