(Senate Bill 38)
An Act to correct technical errors in and make stylistic revisions to certain provisions regarding public utilities.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 49-30-23 be AMENDED.
49-30-23. Transfer of stock--Stock deemed personal property.
The stock of every corporation
organized under this chapter
personal estate, and
in the manner prescribed in its bylaws, subject to the provisions of
inclusive, and §§ 57A-8-401
inclusive, but no share
until all previous calls
been fully paid in.
Section 2. That § 49-31-108 be AMENDED.
49-31-108. Telephone solicitation--Violations--Civil penalty.
Any person who violates
inclusive, or any rules promulgated pursuant to §§ 49-31-99
inclusive, is subject to a civil penalty to be imposed by the
commission, after notice and opportunity for hearing. The commission
may impose a civil fine of not more than five thousand dollars for
each offense. In determining the amount of the penalty upon finding a
violation, or the amount of a compromise settlement, the commission
shall consider the appropriateness of the penalty to the size of the
business of the person charged, prior offenses and compliance
history, and the good faith of the person charged in attempting to
achieve compliance. Any telephone solicitation made to a person whose
name first appears on the register is not a violation of §§ 49-31-99
inclusive, if the solicitation is made within thirty days of the
receipt of the register. Any penalty collected pursuant to this
section shall be credited to the telephone solicitation account
established pursuant to § 49-31-104.
Section 3. That § 49-33-5.1 be AMENDED.
49-33-5.1. Powers of corporation--Business corporation powers.
In addition to all provisions and
powers in chapters 49-33
applicable to corporations organized
under those chapters,
all provisions and powers set forth in the South Dakota Business
Corporation Act, §§ 47-1A-101
inclusive, §§ 47-1A-1401
inclusive, and §§ 47-1A-1601
inclusive, applicable to domestic corporations are also applicable to
that have been
or will be organized under chapters 49-33
except if in conflict with the express provisions of chapters 49-33
Section 4. That § 49-33-21 be AMENDED.
49-33-21. Transfer of stock--Stock deemed personal property.
The stock of every corporation
organized under this chapter
personal property and
in the manner prescribed by its bylaws, and subject to the provisions
of §§ 57A-8-301
inclusive and 57A-8-401
inclusive, but no
shares shall be
transferable until all previous calls and assessments
on the share
have been fully paid.
Section 5. That § 49-37-4 be AMENDED.
49-37-4. Contractual powers--Sale of electrical appliances or equipment prohibited.
Subject to the limitations of the
petition for its creation and all amendments thereto, a consumers
power district may engage in, or transact business, or enter into any
kind of contract or arrangement with any person, firm, corporation,
limited liability company, association or labor union, state, county,
municipality, governmental subdivision, or agency, or with the
government of the United States, the Rural Electrification
Administration, or with any officer, department, bureau, or agency
thereof, or with any corporation organized by federal law, including
the Reconstruction Finance Corporation, or any successor thereof, or
with any body, politic or corporate, for any of the purposes
§§ 49-37-2 and 49-37-3
49-37-2 and 49-37-3.1 or
for or incident to the exercise of any one or more of the foregoing
powers, or for the generation, distribution, transmission, sale,
purchase, exchange, interchange, wheeling, and pooling of electric
power and energy for lighting, power, heating, and for any and every
service involving, employing, or in any manner pertaining to the use
of electric power and energy, by whatever means generated or
distributed, or for the financing or payment of the cost and expense
incident to the acquisition or operation of any such power plant or
system or incident to any obligation or indebtedness entered into or
incurred by the district ,
except that such.
district may not engage in the sale of electrical appliances or
Section 6. That § 49-37-9.1 be AMENDED.
49-37-9.1. Prior joint acts validated despite bid law noncompliance.
All acts and proceedings had
prior to January 1, 1975, and all contracts, expenditures and
acquisitions made prior to January 1, 1975, by any consumers power
district of the state where
power district jointly with others contracted for the construction,
building, alteration, extension, improvements, or the leasing of any
power plant or system are in all things legalized, cured, and
declared valid ,
notwithstanding the fact that the consumers power district did not
comply with the provisions of §§ 5-18-1 to 5-18-14,
Section 7. That § 49-31-12.6 be AMENDED.
49-31-12.6. Deposits into regulatory assessment fee fund.
The Public Utilities Commission
may require a telecommunications company as defined in
§ 49-31-1 to
make a deposit when it files for approval of a general change in
rates or prices for any noncompetitive or emerging competitive
telecommunications service. The commission may require a
telecommunications company to deposit up to one hundred thousand
dollars in the South Dakota Public Utilities Commission Regulatory
Assessment Fee fund, the amount to be designated by commission order.
Section 8. That § 49-31-79 be AMENDED.
49-31-79. Requirements of rural telephone company.
Pursuant to 47 U.S.C. § 251(f)(1)
as of January 1, 1998, the obligations of an incumbent local exchange
carrier, which include the duty to negotiate and provide
interconnection, unbundled network elements, resale, notice of
changes and collocation, do not apply to a rural telephone company
unless the company has received a bona fide request for
interconnection, services, or network elements and the commission
determines that the rural telephone company shall fulfill the
request. The commission may only determine that the rural telephone
company shall fulfill the request if, after notice and hearing
pursuant to chapter 1-26,
the commission finds that the request is not unduly economically
the request is technically feasible, and the request is consistent
with the universal service principles and provisions set forth in 47
U.S.C. § 254 as of January 1, 1998. The commission shall
determination within one hundred twenty days after receiving notice
of the request. The person or entity making the request
has the burden
of proof as to whether each of the standards for reviewing the
request has been met. Nothing in this section prevents a rural
telephone company from voluntarily agreeing to provide any of the
services, facilities, or access referenced by this section.
Signed February 8, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.