South Dakota Statutes

Title 49 - PUBLIC UTILITIES AND CARRIERS

Chapter 01 - Public Utilities Commission
- Section 49-1-1 - Repealed.
- Section 49-1-10 - Hearings before commission--Oaths.
- Section 49-1-11 - Rules of commission.
- Section 49-1-12 - Records of proceedings--Public inspection.
- Section 49-1-13 - Annual report to Governor--Contents.
- Section 49-1-13.1 - Repealed.
- Section 49-1-14 - Attorney general as adviser to commission--Suits by commission.
- Section 49-1-15 - Assistant attorneys general to serve commission exclusively.
- Section 49-1-16 - Duties of state's attorneys.
- Section 49-1-17 - Repealed.
- Section 49-1-18 - Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office.
- Section 49-1-2 - Election of public utilities commissioners--Qualifications and term of office--Vacancies.
- Section 49-1-3 - Qualifications of commissioners--Age and residence--Interest in companiesprohibited.
- Section 49-1-4 - Duties of commissioners--Sessions of Public Utilities Commission--Removal.
- Section 49-1-5 - Vacancies in office of commissioner--Appointment by Governor--Term ofappointment.
- Section 49-1-6 - Oath and bond of commissioners.
- Section 49-1-7 - Salary of commissioners.
- Section 49-1-8 - Creation of Public Utilities Commission--Secretary--Seal.
- Section 49-1-8.1 - Commission continued as separate department.
- Section 49-1-8.2 - Executive director--Appointment--Duties--Signature on behalf of commission.
- Section 49-1-9 - Proceedings before commission--Quorum--Disqualification.
- Section 49-1-9.1 - Providing false or misleading information to commission as misdemeanor.
Chapter 01A - Public Utilities Commission Gross Receipts Tax Fund
- Section 49-1A-1 - Purpose of fund.
- Section 49-1A-1.1 - Repealed.
- Section 49-1A-10 - Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal.
- Section 49-1A-2 - Gross receipts tax fund established.
- Section 49-1A-3 - Annual intrastate gross receipts tax levied--Amount.
- Section 49-1A-3.1 - Repealed.
- Section 49-1A-4 - Annual report of gross receipts--Filing date--Verification--Annual rate setting and taxassessment.
- Section 49-1A-5 - Tax payment date.
- Section 49-1A-6 - Penalty for late payment--Collection procedure.
- Section 49-1A-7 - Use of fund for utilities and telecommunications companies regulation expenses--Payment on warrants--Expenditure authorized.
- Section 49-1A-8 - South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount.
- Section 49-1A-9 - Deposit used to defray analyzing and ruling expenses--Payment on warrants.
Chapter 02 - Carriers' Powers And Duties In General
- Section 49-2-1 - Contract of carriage of messages.
- Section 49-2-10 - Compensation of carrier.
- Section 49-2-11 - Rules governing carriers without reward.
- Section 49-2-2 - Common carrier of messages defined.
- Section 49-2-3 - Repealed.
- Section 49-2-4 - Duty of carrier to accept freight.
- Section 49-2-5 - Repealed.
- Section 49-2-6 - Preference to federal and state governments.
- Section 49-2-7 - Contractual limitation of duties--General notice.
- Section 49-2-8 - Repealed.
- Section 49-2-9 - Disclaimer of liability--Willful, wanton, or fraudulent conduct.
Chapter 03 - Carrier Regulation In General [Transferred]
Chapter 04 - Carriers Of Persons [Repealed]
Chapter 05 - Carriers Of Property [Repealed]
Chapter 06 - Carriers Of Messages [Transferred]
Chapter 07 - Right-Of-Way For Carrier Facilities
- Section 49-7-1 - Repealed.
- Section 49-7-11 - Pipelines that are common carriers--Exemption.
- Section 49-7-12 - Reasonable charges.
- Section 49-7-13 - Condemnation of pipeline right-of-way--Width across school and public lands.
- Section 49-7-15 - Plat of pipeline route--Certification, acknowledgment and filing--Compensation fordamages.
- Section 49-7-16 - Certificate issued by commissioner.
- Section 49-7-17 - Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.
- Section 49-7-18 - Payment for school and public lands taken--Valuation--Governor's deed--Reverter.
- Section 49-7-19 - Relation back of title.
- Section 49-7-2 - Regulations of Board of School and Public Lands.
- Section 49-7-20 - Right to enter and cross school and public lands.
- Section 49-7-21 - Subdivision of school and public lands--Pipeline right-of-way reserved.
- Sections 49-7-14, Right-of-way - across school and public lands--Extra width--Governor's approval
- Sections 49-7-3, 49-7-4 - Repealed
- Sections 49-7-5 to 49-7-10 - Repealed
Chapter 07A - One-Call Notification System For Excavation Activities
- Section 49-7A-1 - Definition of terms.
- Section 49-7A-10 - Liability for damage to underground facility.
- Section 49-7A-11 - Repealed.
- Section 49-7A-12 - Notification of damage to underground facility--Repairs.
- Section 49-7A-13 - Inability to locate underground facility.
- Section 49-7A-14 - Local permit requirements unaffected.
- Section 49-7A-15 - Landowner's private underground facilities unaffected.
- Section 49-7A-16 - Repealed.
- Section 49-7A-17 - Complaints--Rules of Practice.
- Section 49-7A-18 - Penalties.
- Section 49-7A-19 - Penalties for intentional violations.
- Section 49-7A-2 - Establishment of One-Call Notification Board.
- Section 49-7A-20 - Each violation as separate offense.
- Section 49-7A-21 - Complaint and order prerequisites for penalty--Time limit.
- Section 49-7A-22 - Panel to determine existence of probable cause for violation--Recommendation toboard.
- Section 49-7A-23 - Panel to forward complaint to respondent.
- Section 49-7A-24 - Respondent to satisfy or answer complaint--Procedure.
- Section 49-7A-25 - Complaint, answer to be sole basis for probable cause determination.
- Section 49-7A-26 - Factors considered in determining amount of penalty.
- Section 49-7A-27 - Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.
- Section 49-7A-28 - Action to recover penalty.
- Section 49-7A-29 - Record and evidence in court action.
- Section 49-7A-3 - Governing board--Representation--Term of appointment.
- Section 49-7A-30 - Board to maintain docket and index.
- Section 49-7A-31 - Board to keep transcript of proceedings--Certification.
- Section 49-7A-32 - Removal of board member for conflict of interest.
- Section 49-7A-33 - Demand for penalty required before suit brought.
- Section 49-7A-4 - Rules--Operating procedures.
- Section 49-7A-5 - Notification of proposed excavation.
- Section 49-7A-6 - Repealed.
- Section 49-7A-6.1 - Operator not to be billed when location of excavation on notice differs from locationof operator's facility.
- Section 49-7A-7 - Duties of one-call notification center.
- Section 49-7A-8 - Location of underground facilities--Marking.
- Section 49-7A-9 - Failure to provide timely location markings--Inadequate markings--Liability.
Chapter 08 - Discriminatory, Monopolistic And Coercive Practices Of Carriers [Repealed]
Chapter 09 - Passes Issued By Carriers [Repealed]
Chapter 10 - Carriers' Rates, Fares And Charges [Transferred]
Chapter 11 - Charges By Carriers And Utilities Pending Rate Litigation
- Section 49-11-5 - Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor.
- Section 49-11-6 - Receipt for higher rate during period of stay--Condition precedent to grant ofstay--Violation as misdemeanor.
- Section 49-11-7 - Reports filed during period of stay--Contents--Failure as misdemeanor.
- Section 49-11-8 - Duty of carrier to refund where decreased rate is affirmed--Violation asmisdemeanor.
- Section 49-11-9 - Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor.
- Sections 49-11-1 to 49-11-4 - Repealed
Chapter 12 - Connecting Carriers [Repealed]
Chapter 13 - Procedure On Complaints To Public Utilities Commission
- Section 49-13-1 - Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.
- Section 49-13-1.1 - Complaint to commission or suit by private person--Election of remedies.
- Section 49-13-13 - Proof of violation--Determination of just rate--Cease and desist order--Dutyof telecommunications company or motor carrier to comply.
- Section 49-13-14 - Determination of damages--Order directing payment.
- Section 49-13-14.1 - Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
- Section 49-13-14.2 - Necessity for demand before suit.
- Section 49-13-15 - Repealed.
- Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.
- Section 49-13-17 - Failure to obey order--Application to court for mandamus--Order directingpayment of money excepted.
- Section 49-13-18 - Issuance of mandamus or other proper process.
- Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.
- Section 49-13-2 - Repealed.
- Section 49-13-20 - Money judgment for default in compliance--Disposition of money.
- Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.
- Section 49-13-22 - Security on appeal by commission not required--Appeal as not staying courtorder--Costs and attorney's fees.
- Section 49-13-23 - Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.
- Section 49-13-24 - Noncompliance with order for payment of money--Petition in court--Civilaction procedure applicable--Exceptions.
- Section 49-13-25 - Commission proceedings as evidence in trial--Report and order ofcommission as prima facie evidence.
- Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.
- Section 49-13-3 - Compliance by telecommunications company or carrier as exoneration onlyfor particular violation complained of.
- Section 49-13-4 - Investigation of complaint--Inquiry without complaint.
- Section 49-13-5 - Authority of commission on inquiry without complaint.
- Section 49-13-6 - Docket--Contents--Index.
- Section 49-13-7 - Record--Contents--Transcript of evidence.
- Section 49-13-8 - Repealed.
- Section 49-13-9 - Hearing before any commissioner.
- Section 49-13-9.1 - Corporations and business entities may appear without counsel in certaincases.
- Sections 49-13-10 to 49-13-12 - Repealed
Chapter 14 - Rehearings And Appeals From Public Utilities Commission [Repealed]
Chapter 15 - Marine Carriers [Repealed]
Chapter 16 - Railroad Corporations [Repealed]
Chapter 16A - Intrastate Railroad Regulation
- Section 49-16A-1 - Definitions of terms.
- Section 49-16A-10 - Individual acts or omissions in scope of employment.
- Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate.
- Section 49-16A-100.1 - Right of utilities to cross over or under railroad right-of-way--Fee--Regulationand negotiation.
- Section 49-16A-101 - Repealed.
- Section 49-16A-102 - Railroad police--Appointment and employment by railroad.
- Section 49-16A-103 - Railroad police--Authority to arrest--Procedure on arrest without warrant.
- Section 49-16A-104 - Authority of regular law enforcement officers unaffected--Responsibility for actsof railroad police.
- Section 49-16A-105 - Entry upon railroad equipment while armed a felony.
- Section 49-16A-106 - Tampering with journal boxes a felony.
- Section 49-16A-107 - Malicious destruction of railroad property a felony.
- Section 49-16A-108 - Malicious obstruction of tracks a felony.
- Section 49-16A-109 - Punishment for malicious interference with railroad where death results.
- Section 49-16A-11 - Venue of criminal prosecution.
- Section 49-16A-110 - Insurance--Railroad may procure.
- Section 49-16A-113 - Consideration for continued occupancy of right-of-way.
- Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired.
- Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands--Title claims.
- Section 49-16A-116 - Municipal claim to reverter in railroad property--Quit claim authorized.
- Section 49-16A-117 - Filing of certain records related to property conveyances by a railroad to arailroad.
- Section 49-16A-118 - Effect of filing--Notice of rights and interests.
- Section 49-16A-19 - Restraint of trade provisions applicable to railroads.
- Section 49-16A-2 - Corporation law--Applicability to railroads.
- Section 49-16A-20 - Single-line rates as restraint of trade.
- Section 49-16A-21 - Through rates, joint rates or joint through rates not restraint of trade unless intentor effect to monopolize.
- Section 49-16A-22 - Pooling agreements as restraint of trade.
- Section 49-16A-23 - Common carrier obligations--Limitation.
- Section 49-16A-24 - Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.
- Section 49-16A-25 - Lien for freightage.
- Section 49-16A-26 - Preference to federal and state governments.
- Section 49-16A-27 - Gratuitous shipment by railroad without reward--Duties.
- Section 49-16A-28 - Directions of shipper--Conflicting directions--Delivery.
- Section 49-16A-29 - Delivery at nearest station absent usage to contrary.
- Section 49-16A-3 - Chapters governing railroads.
- Section 49-16A-30 - Services other than carriage and delivery--Statutes governing.
- Section 49-16A-31 - Delivery to connecting carrier--Liability to final destination.
- Section 49-16A-32 - Railroad responsible for agents' acts.
- Section 49-16A-33 - Loss or injury of freight in possession of connecting carrier--Proof to shipper ondemand.
- Section 49-16A-34 - Claim for loss, injury or overcharge--Railroad to respond within sixty days--Billof lading or shipping receipt to accompany claim--Returns.
- Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative.
- Section 49-16A-36 - Notice of loss, injury or claim--Minimum time to be allowed--Contrarycontractual provision void.
- Section 49-16A-37 - Interchange facilities required--Discrimination between connecting roadsprohibited--Switching and transferring cars.
- Section 49-16A-38 - Joint through rates required--Duty to receive and transport freight and cars.
- Section 49-16A-39 - Carload lots--Transfer to connecting road without added charge.
- Section 49-16A-4 - Repealed.
- Section 49-16A-40 - Connecting roads--Intrastate shipments--Reasonable through rates--Samefacilities as for interstate traffic.
- Section 49-16A-41 - Routing instructions by shipper.
- Section 49-16A-42 - Sale or lease of road, property, rights, privileges, and franchises authorized.
- Section 49-16A-43 - Repealed.
- Section 49-16A-43.1 - Validation of defects in lease or sale made prior to January 1, 1994.
- Section 49-16A-43.2 - Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
- Section 49-16A-44 - Report annually to department--Special reports and specific questions.
- Section 49-16A-47 - Department as sole representative of state in abandonment, consolidation, mergerand inclusion proceedings--Attorney general's duties--Rights not impaired.
- Section 49-16A-48 - Department of transportation--Interstate commerce violations--Duties.
- Section 49-16A-49 - Department of Transportation--Appearance before interstate commercecommission.
- Section 49-16A-5 - Freight charges to be just and reasonable.
- Section 49-16A-50 - Powers--Construction, operation and maintenance of roads across, along or overwatercourses and highways--Overpasses and underpasses--Changing course ofhighway--Taking land.
- Section 49-16A-51 - Powers--Crossing, intersecting and connecting railroads--Failure of railroads toagree--Alteration of grade or location.
- Section 49-16A-52 - Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.
- Section 49-16A-53 - Changing grade or location for convenience of public travel.
- Section 49-16A-54 - Liability for damages from change--Time for damage claim--Notice--Nonresidents.
- Section 49-16A-55 - Authorization to use public lands--Damage to occupant.
- Section 49-16A-56 - Authorization to use school or public lands--Width of right-of-way.
- Section 49-16A-57 - Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.
- Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad.
- Section 49-16A-59 - Filing as vesting right to use--Duration of right--Forfeiture for failure to use.
- Section 49-16A-6 - Freight charges to be uniformly applied--Unreasonable discrimination defined.
- Section 49-16A-60 - Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.
- Section 49-16A-61 - Title relates back to filing--Subsequent grants invalid.
- Section 49-16A-62 - Other rights-of-way across deeded lands.
- Section 49-16A-64 - Plat of proposed road filed with department--Grant of permit to construct road.
- Section 49-16A-65 - Factors considered in assessing plat.
- Section 49-16A-66 - Publicly constructed or acquired railroads as public highways.
- Section 49-16A-69 - Drainage necessitated by defect in railroad construction--Assessment of entireexpense against railroad--Assessment against complainant or apportionment inother costs.
- Section 49-16A-7 - Unreasonable discrimination prohibited.
- Section 49-16A-70 - Repealed.
- Section 49-16A-71 - Extension of fireguards along right-of-way--Condemnation procedure--Petition.
- Section 49-16A-72 - Extension of fireguards on unoccupied land--Right to burn--Maximum width.
- Section 49-16A-73 - Facilities for transferring freight or cars between railroads--Department'sdirections--Sharing of costs.
- Section 49-16A-74 - Facilities for transferring freight or cars between railroads--Judicialapportionment of costs.
- Section 49-16A-75 - Eminent domain power--Authorization by Governor or commission required--Hearing on application.
- Section 49-16A-75.1 - Commission to promulgate rules for railroad seeking to exercise eminent domain.
- Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity.
- Section 49-16A-75.3 - Determination of public use consistent with public necessity--Appeal.
- Section 49-16A-75.4 - Proceedings to establish compensation--Physical possession.
- Section 49-16A-78 - Entries upon land--Appropriation of land--Purposes of appropriation.
- Section 49-16A-79 - Condemnation for spur tracks to serve industry.
- Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony.
- Section 49-16A-80 - Entry and appropriation for changing location or grade--Surveys.
- Section 49-16A-81 - Right to use public way--Agreement with local authorities--Appropriation byrailroad upon failure to agree.
- Section 49-16A-82 - Purchase of land--Failure to agree upon price--Determination by circuit court.
- Section 49-16A-83 - Railroad-highway grade crossings.
- Section 49-16A-84 - Authority to change grade of highway--Particular highways--Maintenance ofhighway--Maximum grade.
- Section 49-16A-85 - Temporary routes during change of grade construction.
- Section 49-16A-86 - Private farm crossings--Cattle guards--Duty to keep gates closed--Liability ofrailroad.
- Section 49-16A-87 - Crossing standards--Warning sign.
- Section 49-16A-88 - Warning signs--Erection by county commissioners at expense of railroad.
- Section 49-16A-89 - Crossings--Erection of lighting or alarms at order of department.
- Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational.
- Section 49-16A-89.2 - Alarm or lighting device required where railroad crosses state trunk highwaysystem.
- Section 49-16A-9 - Failure to file or observe rates or tariffs as felony--Corporation or individual.
- Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony.
- Section 49-16A-91 - Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.
- Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance.
- Section 49-16A-93 - Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.
- Section 49-16A-94 - Blocking of highway crossings--Employees not liable where blocking necessaryunder state or federal rules.
- Section 49-16A-95 - Repealed.
- Section 49-16A-96 - Bridges and abutments--Maintenance.
- Section 49-16A-97 - Repealed.
- Section 49-16A-98 - Restoration and maintenance of watercourses and highways affected by railroadconstruction.
- Section 49-16A-99 - Repealed.
- Sections 49-16A-111, 49-16A-112 - Legislation relating to restraint of domestic animals or fences--Applicability to tracks. Abandonment of right-of-way--Occupation for three years by other users
- Sections 49-16A-12 to 49-16A-18 - Repealed
- Sections 49-16A-45, 49-16A-46 - Inspection of roads by department. Transfer of certain Public Utilities Commission functions to transportation department
- Sections 49-16A-63, right-of-way - Maps kept by commissioner of school and public lands--Noting and reserving
- Sections 49-16A-67, 49-16A-68 - Repealed
- Sections 49-16A-76, 49-16A-77 - Powers--Acceptance of voluntary grants for railroad purposes. Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken
Chapter 16B - South Dakota Railroad Authority
- Section 49-16B-1 - Legislative declarations--Public participation in railroad ownership and operation.
- Section 49-16B-10 - Projects authority may undertake.
- Section 49-16B-11 - Report to legislature recommending projects.
- Section 49-16B-12 - Transfer of jurisdiction or property to authority--Governor's approval.
- Section 49-16B-13 - Acquisition of property--Construction and maintenance of railroad facilities.
- Section 49-16B-13.1 - Approval of expenditures by railroad board and Governor.
- Section 49-16B-13.2 - Maintenance of public railroad property by Department of Transportation.
- Section 49-16B-14 - Department of Transportation's powers as to projects.
- Section 49-16B-15 - Lease of facilities and sites.
- Section 49-16B-16 - Lease terms, conditions and rentals.
- Section 49-16B-17 - Leases to contain option to purchase--Purchase price.
- Section 49-16B-18 - Lease provisions for lessee's payment of taxes, insurance and other costs.
- Section 49-16B-19 - Leases to Department of Transportation--Rents payable solely from appropriations--Amount.
- Section 49-16B-2 - Definitions of terms.
- Section 49-16B-20 - Nonpayment of rent--Maintenance, operation, or lease of facilities.
- Section 49-16B-21 - Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.
- Section 49-16B-22 - Tax exempt status of authority's property.
- Section 49-16B-23 - Negotiable revenue bonds--Resolution for issuance--Legislative approval.
- Section 49-16B-24 - Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledgeof income and revenues.
- Section 49-16B-25 - Bonds and notes--Resolution--Issuance--Terms.
- Section 49-16B-26 - Bonds--Repayment from lease income and revenues from facilities financed.
- Section 49-16B-27 - Bonds--Execution and registration--Officers' signatures.
- Section 49-16B-28 - Bonds--Statements on face.
- Section 49-16B-29 - Obligation of state not authorized.
- Section 49-16B-3 - Railroad authority created--Members--Elected officials ineligible--Chairperson.
- Section 49-16B-30 - Contract with holders--Enforcement.
- Section 49-16B-31 - Interim notes--Purposes for which authorized.
- Section 49-16B-32 - Interim notes--Issuance pursuant to resolution--Contents of resolution--Extendingmaturity date.
- Section 49-16B-33 - Interim notes--Registration--Issuance.
- Section 49-16B-34 - Interim notes--Interest--Redemption by authority.
- Section 49-16B-35 - Interim notes--Execution--Attestation--Seal.
- Section 49-16B-36 - Interim notes--Secured by pledge--Repayment from sale of revenue bonds andproperty acquired.
- Section 49-16B-37 - Interim notes--Additional security for payment.
- Section 49-16B-38 - Interim notes not indebtedness within constitutional or statutory limitations.
- Section 49-16B-39 - Payment of interim notes contemporaneously with issue of revenue bonds or escrowof bond proceeds for future repayment.
- Section 49-16B-4 - Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.
- Section 49-16B-40 - Interim notes--No personal liability.
- Section 49-16B-41 - Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.
- Section 49-16B-42 - Authority to account for income--Disbursements from accounts in fund.
- Section 49-16B-43 - Conveyance of property to state by authority.
- Section 49-16B-44 - Record of lease rental payments--Conveyance of property to state upon receipt ofsufficient rentals to pay bonds.
- Section 49-16B-45 - Repealed.
- Section 49-16B-46 - Contract power of authority.
- Section 49-16B-47 - Bylaws, rules and regulations of authority.
- Section 49-16B-5 - Terms of members--Vacancies--Quorum.
- Section 49-16B-6 - Oath and bond of members.
- Section 49-16B-7 - Per diem and expenses.
- Section 49-16B-8 - Agents and employees.
- Section 49-16B-9 - Seal.
Chapter 16C - Railroad Trust Fund
- Section 49-16C-1 - Railroad trust fund--Creation--Expenditure.
- Section 49-16C-2 - Transfer of money to railroad authority fund.
- Section 49-16C-3 - Loans to regional railroad authorities--Procedure.
- Section 49-16C-4 - Interest and fees on loans to regional authorities.
- Section 49-16C-5 - Expenditures to match federal funds.
- Section 49-16C-6 - Expenditure to join other states in preserving certain railroad.
- Section 49-16C-7 - Continuous appropriation of fund.
Chapter 17 - State Aid To Railroad Construction And Maintenance
- Section 49-17-19 - Acceptance by commission of funds for railroad improvement--Acquisition,construction and operation of facilities.
- Section 49-17-20 - Acceptance of moneys for county or municipality for railroad purposes.
- Section 49-17-21 - Contracts for continuation and improvement of freight service.
- Section 49-17-22 - Identification of branch trackage with potential for service.
- Section 49-17-23 - Programs for improvement of freight service on branch trackage.
- Section 49-17-24 - Contracts for improvement of freight service.
- Section 49-17-25 - Participation required from users of improved service.
- Section 49-17-26 - Payment to state of portion of revenue increase from improved service.
- Section 49-17-27 - Separate fund for improvement and conservation of branch lines.
- Section 49-17-28 - Acceptance of funds for improvement of branch line service.
- Sections 49-17-1 to 49-17-18 - Repealed
Chapter 17A - Regional Railroad Authorities
- Section 49-17A-1 - Definition of terms.
- Section 49-17A-10 - Reimbursement of commissioners' expenses.
- Section 49-17A-11 - Addition of subdivision to authority.
- Section 49-17A-12 - Withdrawal of subdivision from authority--Disposition of assets and liabilities.
- Section 49-17A-13 - Filing of resolution increasing or decreasing authority--Amended certificate ofincorporation.
- Section 49-17A-14 - Powers of political subdivisions in aid of regional authority.
- Section 49-17A-15 - Corporate powers of authority.
- Section 49-17A-16 - Planning, acquisition and operation of railroads and facilities--Acquisition ofproperty.
- Section 49-17A-17 - Use of public waters by authority--Buildings, roadways and bridges.
- Section 49-17A-18 - Power of eminent domain--Restrictions on acquisition of public or railroad property.
- Section 49-17A-19 - Public purpose and necessity for acquisitions.
- Section 49-17A-2 - Creation of authority by agreement of subdivisions.
- Section 49-17A-20 - Exemption from taxation of property and income of authority.
- Section 49-17A-21 - Annual certification of tax levy for authority--Levy of tax--Collection.
- Section 49-17A-21.1 - Zones of benefit--Tax levy applied to.
- Section 49-17A-22 - Maximum tax levy--County levy not applied in subdivision making levy.
- Section 49-17A-23 - Deposit of tax proceeds--Expenditure.
- Section 49-17A-24 - Covenant to levy taxes until bonds paid.
- Section 49-17A-25 - Acceptance and expenditure of federal and other grants and loans.
- Section 49-17A-26 - Designation of railroad division as agent of authority--Funds held in separateaccount--Vouchers and warrants.
- Section 49-17A-27 - Issuance of bonds and notes--Purposes for which proceeds used.
- Section 49-17A-28 - Revenues and funds pledged to payment of bonds and notes--Negotiability.
- Section 49-17A-29 - Resolutions for bonds or notes--Security agreement--Terms and conditions.
- Section 49-17A-3 - Contents of agreement creating authority.
- Section 49-17A-3.1 - Authority may not change resolution eschewing taxing power.
- Section 49-17A-30 - Mortgages and deeds of trust to secure obligations--Filing.
- Section 49-17A-31 - Bond recital conclusive as to authority and purpose.
- Section 49-17A-32 - Continuing validity of signatures on bonds and notes--Temporary bonds.
- Section 49-17A-33 - Sale of bonds.
- Section 49-17A-34 - Bonds exempt from taxation.
- Section 49-17A-35 - Persons executing bonds not personally liable.
- Section 49-17A-36 - Arrangements for operating and providing railroad service.
- Section 49-17A-37 - Grant of operating privileges and use of railroad and facilities.
- Section 49-17A-38 - Repealed.
- Section 49-17A-39 - Disposition of property of authority.
- Section 49-17A-4 - Filing of agreement and resolutions--Certificate of incorporation--Beginning ofcorporate existence.
- Section 49-17A-5 - Hearing before adoption of resolution--Publication of notice.
- Section 49-17A-6 - Election of commissioners of authority--Terms of office--Vacancies.
- Section 49-17A-7 - Power vested in commissioners--Rules for operation.
- Section 49-17A-8 - Chairman and secretary-treasurer of authority.
- Section 49-17A-9 - Executive director and other agents--Delegation of powers and duties.
Chapter 18 - Railroad Indebtedness [Repealed]
Chapter 19 - Location And Construction Of Railroads [Repealed]
Chapter 20 - Railroad Right-Of-Way [Repealed]
Chapter 21 - Railroad Service And Accommodations [Repealed]
Chapter 22 - Railroad Sidings And Auxiliary Facilities [Repealed]
Chapter 23 - Railroad Warehouse Sites [Repealed]
Chapter 24 - Railroad Employees [Repealed]
Chapter 25 - Railroad Safety And Warning Devices [Repealed]
Chapter 26 - Railroad Accidents And Property Damage [Repealed]
Chapter 27 - Protection Of Railroad Property [Repealed]
Chapter 28 - Motor Carrier Regulation
- Section 49-28-1 - Definitions.
- Section 49-28-10 - Repealed.
- Section 49-28-10.1 - Repealed.
- Section 49-28-11 - Repealed.
- Section 49-28-15 - Repealed.
- Section 49-28-19 - Repealed.
- Section 49-28-23 - Repealed.
- Section 49-28-28 - Repealed.
- Section 49-28-3 - Motor carrier status as question of fact.
- Section 49-28-31 - Repealed.
- Section 49-28-32 - Repealed.
- Section 49-28-33 - Rules governing motor carriers--Promulgation--Conformity with federal rules.
- Section 49-28-34 - Repealed.
- Section 49-28-35 - Repealed.
- Section 49-28-36 - Registration required for exempt interstate operations--Compliance with federallaw in lieu of registration permit.
- Section 49-28-36.1 - Application fee for exempt carrier--Waiver for previously registered carriers.
- Section 49-28-36.2 - Department jurisdiction limited by federal Constitution and laws.
- Section 49-28-36.3 - Repealed.
- Section 49-28-36.4 - Designation of agent to receive process--Contents and effect--Failure to filedesignates secretary of state as agent--Procedure.
- Section 49-28-36.5 - Registration of permits to exempt carriers continuing without annual renewal--Annual identification fee--Cancellation of registration on failure to payidentification fee.
- Section 49-28-36.6 - Single trip permit in lieu of registration--Fee.
- Section 49-28-36.7 - Application for permit.
- Section 49-28-36.8 - Form, issuance, possession, and display of permit--Violation as misdemeanor.
- Section 49-28-37 - Repealed.
- Section 49-28-38 - Repealed.
- Section 49-28-39 - Repealed.
- Section 49-28-40 - Repealed.
- Section 49-28-40.1 - Repealed.
- Section 49-28-40.2 - Copy of permit required in motor vehicles--Presentation upon request--Citation.
- Section 49-28-44 - Repealed.
- Section 49-28-45 - Disposition of fees received from carriers.
- Section 49-28-46 - Repealed.
- Section 49-28-47 - Repealed.
- Section 49-28-48 - Repealed.
- Section 49-28-49 - Repealed.
- Section 49-28-50 - Reports and statements by carriers.
- Section 49-28-51 - Procedure before department.
- Section 49-28-52 - Enforcement of department's orders.
- Section 49-28-53 - Procedure for rehearing, review, or appeal.
- Section 49-28-54 - Fee exemption to certain nonresident carriers.
- Section 49-28-55 - Reciprocal agreements for fee exemptions.
- Section 49-28-61 - Repealed.
- Section 49-28-62 - Violation of chapter as misdemeanor.
- Section 49-28-63 - Noncompliance with chapter or with department order as misdemeanor.
- Section 49-28-64 - Discrimination, false statements or documents, and evasion of regulation asmisdemeanors.
- Section 49-28-65 - Repealed.
- Section 49-28-66 - Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
- Section 49-28-67 - Repealed.
- Section 49-28-68 - Repealed.
- Section 49-28-8.1 - Repealed.
- Section 49-28-8.2 - Repealed.
- Section 49-28-9 - Repealed.
- Section 49-28-9.1 - Repealed.
- Sections 49-28-12 to 49-28-14 - Repealed
- Sections 49-28-15.1 to 49-28-18 - Repealed
- Sections 49-28-19.1, 49-28-20 - Repealed
- Sections 49-28-2, 49-28-2.1 - Repealed
- Sections 49-28-21, 49-28-22 - Repealed
- Sections 49-28-24 to 49-28-27 - Repealed
- Sections 49-28-29 to 49-28-30.1 - Repealed
- Sections 49-28-4, 49-28-4.1 - Repealed
- Sections 49-28-41, 49-28-41.1 - Cooperation with FMCSA--Department as party in proceedings before FMCSA. Appearance before FMCSA--Department substituted as party
- Sections 49-28-42, 49-28-43 - Repealed
- Sections 49-28-5 to 49-28-8 - Repealed
- Sections 49-28-56 to 49-28-60 - Repealed
Chapter 28A - Hazardous Material Transportation Safety
- Section 49-28A-1 - Definition.
- Section 49-28A-2 - Rules authorized.
- Section 49-28A-3 - Adoption of federal regulations--Violation as misdemeanor.
- Section 49-28A-3.1 - Qualified intrastate drivers under age twenty-one.
- Section 49-28A-3.2 - Application of federal hours-of-service regulations to gas or electric utility servicevehicles.
- Section 49-28A-3.3 - Implementation of the 2004 federal hours-of-service amendment to preserve federalfunding--Exemption.
- Section 49-28A-4 - Repealed.
- Section 49-28A-5 - Annual review of regulations.
- Section 49-28A-6 - Inspection of vehicles and records.
- Section 49-28A-7 - Accident involving spill or leakage--Notice--Coordination of actions.
- Section 49-28A-8 - Acceptance and administration of grants and gifts.
- Section 49-28A-9 - Repealed.
Chapter 29 - Express Companies [Repealed]
Chapter 30 - Telephone And Telegraph Corporations
- Section 49-30-1 - Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators.
- Section 49-30-10 - Powers of corporation--Accessory facilities.
- Section 49-30-11 - Powers of corporation--Rules and regulations for transmission of messages.
- Section 49-30-12 - Powers of corporation--Condemnation of real property.
- Section 49-30-13 - Board of directors--Election--Terms of office--Director as stockholder.
- Section 49-30-14 - Voting for directors--Filling vacancies.
- Section 49-30-15 - Meeting for election of directors--Notice of meeting--Waiver of notice.
- Section 49-30-16 - Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken.
- Section 49-30-17 - Notice to stockholders--Notice by mail.
- Section 49-30-18 - Exhibition of corporate books and records.
- Section 49-30-19 - Officers of corporation--Appointment by directors.
- Section 49-30-2 - Affidavit of directors--Contents of affidavit--Filing with secretary of state.
- Section 49-30-20 - Subscriptions for capital stock.
- Section 49-30-21 - Failure to pay for stock--Collection by directors--Forfeiture of previous payments.
- Section 49-30-22 - Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective dateof increase.
- Section 49-30-23 - Transfer of stock--Stock deemed personal property.
- Section 49-30-24 - Liability of stockholders--Stock held by fiduciary or as collateral security.
- Section 49-30-3 - Certificate of incorporation--Name of corporation--Powers.
- Section 49-30-4 - Powers of corporation--Survey for proposed pole line--Entry upon property.
- Section 49-30-5 - Powers of corporation--Holding property for accessory facilities.
- Section 49-30-6 - Powers of corporation--Purchase of real property for lines--Disposition of property.
- Section 49-30-7 - Powers of corporation--Construction along waters and highways.
- Section 49-30-8 - Powers of corporation--Connection with preexisting lines--Expense of connection.
- Section 49-30-9 - Powers of corporation--Transmission of messages.
Chapter 31 - Telecommunications Services
- Section 49-31-1 - Definitions.
- Section 49-31-1.1 - "Noncompetitive service" defined.
- Section 49-31-1.2 - "Emerging competitive service" defined.
- Section 49-31-1.3 - "Fully competitive service" defined.
- Section 49-31-1.4 - "Price regulation" defined--Determination of fair and reasonable price.
- Section 49-31-1.5 - Unsolicited telephone call defined.
- Section 49-31-1.6 - Established business relationship defined.
- Section 49-31-10 - Delivery of messages to persons intended--Care required.
- Section 49-31-100 - Operation of and subscription to register--Fees.
- Section 49-31-101 - State "do-not-call" register.
- Section 49-31-102 - Copy of register required for telephone solicitors making unsolicited calls.
- Section 49-31-103 - Commission may use national "do-not-call" registry.
- Section 49-31-104 - Telephone solicitation account established.
- Section 49-31-105 - Annual fee for unsolicited calls by telephone solicitors.
- Section 49-31-106 - Commission may use gross receipts tax fund for implementation--Funds to bereturned after register implemented.
- Section 49-31-107 - Telecommunications companies to notify customers of certain provisions.
- Section 49-31-108 - Violators subject to civil penalty imposed by commission.
- Section 49-31-109 - Definitions.
- Section 49-31-11 - Discrimination prohibited--Civil fine.
- Section 49-31-110 - Local telecommunications traffic signaling information required to be providedby originating carrier to terminating carrier to assess charges.
- Section 49-31-111 - Nonlocal telecommunications traffic signaling information required to beprovided by originating carrier to terminating carrier to assess charges.
- Section 49-31-112 - Transiting carrier required to deliver signaling information withtelecommunications traffic--Liability for failure to deliver.
- Section 49-31-113 - Transit traffic or billing records to be provided by transiting carrier.
- Section 49-31-114 - Complaint procedure--Provisional remedies.
- Section 49-31-115 - Promulgation of rules.
- Section 49-31-116 - Required notice to subscribers of automatic renewal dates in certaintelecommunications contracts.
- Section 49-31-117 - Commission disbursement of certain bond or other proceeds to affectedcustomers--Interest.
- Section 49-31-118 - Wireless telephone number information in wireless directory assistance servicedatabase--Authorization for inclusion or sale.
- Section 49-31-119 - Charge for exclusion of number from wireless directory assistance servicedatabase prohibited.
- Section 49-31-12 - Commission to make rate or price schedule--Different rates or prices for differentcompanies or services--Revision of rates--Notice to companies.
- Section 49-31-12.1 - Tariff as prima facie evidence of reasonableness--Commission certified as truecopy.
- Section 49-31-12.2 - Duties of regulated companies concerning publication and filing of rates orprices.
- Section 49-31-12.3 - Failure to file tariffs and agreements--Mandamus.
- Section 49-31-12.4 - Filing of new or changed tariff--Procedures for commission.
- Section 49-31-12.5 - Filing of new schedule affecting emerging competitive service--Notice andhearing--Suspension or disapproval of price or practice.
- Section 49-31-12.6 - Deposits into regulatory assessment fee fund.
- Section 49-31-12.7 - Tariffs for telecommunications services other than emerging and noncompetitiveservices prohibited.
- Section 49-31-12.8 - Availability of telecommunications services information--Notification of adversechange in rates, terms, or conditions.
- Section 49-31-120 - Definitions.
- Section 49-31-121 - Obtaining confidential communications records without authorization fromcustomer as misdemeanor.
- Section 49-31-122 - Selling confidential communications records without authorization fromcustomer as felony.
- Section 49-31-123 - Law enforcement permitted to obtain confidential communications recordspursuant to subpoena or court order.
- Section 49-31-124 - Communications provider permitted to obtain confidential communicationsrecords through agents.
- Section 49-31-125 - Communications provider permitted to obtain confidential communicationsrecords in connection with sale of business or migration of customer.
- Section 49-31-13 - Repealed.
- Section 49-31-14 - Repealed.
- Section 49-31-14.1 - Repealed.
- Section 49-31-15 - Access to telecommunications facilities--Application to commission--Orderrequiring access--Apportionment of expenses.
- Section 49-31-16 - Repealed.
- Section 49-31-17 - Repealed.
- Section 49-31-18 - Access provided to companies doing business in same vicinity--Discriminationprohibited.
- Section 49-31-19 - Tariff of access charges--Approval by commission.
- Section 49-31-2 - Applicability of statutes to telecommunications companies.
- Section 49-31-20 - Merger, consolidation, or transfer of stock or other ownership interests--Notification.
- Section 49-31-21 - Repealed.
- Section 49-31-25 - Disclosure of contents, refusal to send or forging receipt of message asmisdemeanor--Judicially ordered disclosure excepted.
- Section 49-31-26 - Disclosure of message without written permission of sender or addressee asmisdemeanor--Judicial disclosure excepted.
- Section 49-31-27 - Repealed.
- Section 49-31-28 - Party line and emergency calls--Definitions.
- Section 49-31-29 - Intentional refusal to relinquish party line in emergency as misdemeanor.
- Section 49-31-29.1 - "Communication device" and "emergency" defined.
- Section 49-31-29.2 - Interference with emergency communication--Violation a misdemeanor.
- Section 49-31-3 - General supervision of telecommunications companies offering common carrierservices by commission where not preempted--Filing application withcommission--Demonstration of capabilitie
- Section 49-31-3.1 - Approval required for discontinuance of noncompetitive telecommunicationsservice.
- Section 49-31-3.2 - Waiver, modification, etc., of rules and orders for fully competitive or emergingcompetitive service--Application for classification--Factors in determiningclassification--Time for
- Section 49-31-3.3 - Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.
- Section 49-31-3.4 - Reclassification proceeding--Factors in determining reclassification--Burden ofproof--Stay of price change--Penalties and costs for spurious petition.
- Section 49-31-30 - Securing line by claiming nonexistent emergency as misdemeanor.
- Section 49-31-31 - Threatening or harassing contacts by telephone or other electroniccommunication device as misdemeanor.
- Section 49-31-32 - Obscene telephone calls--Failure to replace receiver--Prima facie evidence ofunlawfulness.
- Section 49-31-32.2 - Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.
- Section 49-31-32.3 - Each day of violation constitutes separate offense.
- Section 49-31-33 - Place of commission of offense committed by telephone.
- Section 49-31-34 - Repealed.
- Section 49-31-35 - Severability and saving clause respecting unlawful telephone calls.
- Section 49-31-36 - Manufacture, possession or transfer of instrument for fraudulently obtainingtelecommunications service as misdemeanor.
- Section 49-31-37 - Obtaining telecommunications service without payment as theft.
- Section 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, orregulation concerning telecommunication company regulation--Civil fine.
- Section 49-31-38.1 - Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and oforder, rule, or regulation of commission--Civil fine.
- Section 49-31-38.2 - Additional penalty for violations--Forfeiture of franchise--Foreign corporations.
- Section 49-31-38.3 - Action by attorney general to forfeit franchise or enjoin transaction of business.
- Section 49-31-4 - Determination and approval of rates and prices by commission--Attribution ofrevenues, investments and expenses--Rules.
- Section 49-31-4.1 - Hearings on price regulation--Petition--Adoption of price regulation fornoncompetitive service.
- Section 49-31-4.2 - Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.
- Section 49-31-4.3 - Accounts of other businesses--Consideration by commission--Disallowance ofunreasonable profits--Burden of proof.
- Section 49-31-41 - Security on stay of order--Conditions.
- Section 49-31-42 - Proceedings before circuit court on appeal--Priority.
- Section 49-31-43 - Repealed.
- Section 49-31-44 - Creation of telecommunications investigation fund--Purposes of fund--Depositby telecommunications company.
- Section 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.
- Section 49-31-46 - Payment for participation in federal proceedings.
- Section 49-31-47 - Statewide program to provide telecommunications services for state residentswith disabilities that prevent them from using a telephone.
- Section 49-31-48 - Telecommunication device for individuals with disabilities.
- Section 49-31-49 - Telecommunication devices property of state--Liability for loss or damage--Disposition of money collected.
- Section 49-31-5 - Promulgation of rules for conduct of business.
- Section 49-31-5.1 - Telecommunications cooperatives, municipal telephone systems and independenttelephone companies--Election to be regulated by commission.
- Section 49-31-5.2 - Independent telecommunications companies--Petition by subscribers for electionto be regulated by commission.
- Section 49-31-5.3 - Independent telecommunications companies--Procedure for election bysubscribers to be regulated by commission.
- Section 49-31-5.4 - Independent telecommunications companies--"Subscribers" defined.
- Section 49-31-50 - Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.
- Section 49-31-50.1 - Use of funds appropriated pursuant to § 49-31-50.
- Section 49-31-50.2 - Rules relating to cochlear implants.
- Section 49-31-50.3 - Approval of vouchers--Warrants.
- Section 49-31-51 - Access fee imposed on local exchange service lines, cellular telephones and radiopager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds
- Section 49-31-51.1 - Promulgation of rules to administer access fee.
- Section 49-31-52 - Liability for uncollected fees.
- Section 49-31-53 - Annual review of access fee--Report to legislature.
- Section 49-31-54 - Administrative cost for collection of fee.
- Section 49-31-55 - Sources of funds in addition to access fees.
- Section 49-31-56 - Method of payment of expenditures.
- Section 49-31-57 - Penalty for pleading filed for improper purpose--Sanction by commission.
- Section 49-31-58 - Alternative methods of assigning costs for certain services.
- Section 49-31-59 - Procedures for approving sale of telecommunications exchanges.
- Section 49-31-59.1 - Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.
- Section 49-31-6 - Valuation of company property.
- Section 49-31-60 - Telecommunications infrastructure--Legislative intent.
- Section 49-31-61 - Public Communications Network Infrastructure--Composition.
- Section 49-31-69 - Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.
- Section 49-31-7 - Improvement of business and equipment--Notice to company from commission.
- Section 49-31-7.1 - Powers and duties of commission.
- Section 49-31-7.2 - Liability for damages unaffected.
- Section 49-31-7.3 - Court order to testify or produce records--Violation as contempt.
- Section 49-31-7.4 - Obstruction of commission--Civil fine.
- Section 49-31-70 - Application for certificate of authority--Notice.
- Section 49-31-71 - Certificate of authority--Notice and hearing.
- Section 49-31-72 - Certificate of authority--Time limit for decision.
- Section 49-31-75 - Certificate of authority--Commission approval--Violations.
- Section 49-31-76 - Commission to adopt rules addressing competitive provisions.
- Section 49-31-77 - Commission may promulgate rules establishing service quality standards.
- Section 49-31-78 - Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.
- Section 49-31-79 - Requirements of rural telephone company.
- Section 49-31-80 - Suspension or modification to carrier with small service area.
- Section 49-31-81 - Carrier to provide services to competitive telecommunications services provider.
- Section 49-31-82 - Certain resale restrictions permitted.
- Section 49-31-83 - Telecommunications companies may form associations--Policy restrictions.
- Section 49-31-84 - Telecommunication companies may grant incentives to meet competition.
- Section 49-31-85 - Commission to establish quality of service standards.
- Section 49-31-86 - Restrictions on price changes for local exchange service--Exemption forpromotions.
- Section 49-31-86.1 - Limitation on promotions.
- Section 49-31-86.2 - Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.
- Section 49-31-87 - Dialing parity to be implemented.
- Section 49-31-88 - Companies not exempt from state or federal law.
- Section 49-31-89 - Telecommunications company, services or product not to be changed withoutsubscriber authorization--Evidence of authorization--Commission authorized topromulgate rules--Scope of rule
- Section 49-31-90 - Third-party verification--Requirements.
- Section 49-31-91 - Criteria to be met by third-party verification company.
- Section 49-31-92 - Separate authorization required for each service.
- Section 49-31-93 - Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.
- Section 49-31-94 - Penalties for violation--Disposition of fines collected.
- Section 49-31-95 - Commission authorized to investigate complaints.
- Section 49-31-96 - Costs of commission proceedings may be assessed against company--Objection.
- Section 49-31-97 - "Subscriber" defined.
- Section 49-31-98 - Agencies to establish cost recovery mechanism for certain mandated services--Exemption.
- Section 49-31-99 - Requirements for telephone solicitors making unsolicited calls.
- Sections 49-31-22 to 49-31-24 - Transferred
- Sections 49-31-32.1, Dial-a-porn - communications prohibited--Violation as misdemeanor
- Sections 49-31-39, 49-31-40 - Repealed
- Sections 49-31-62 to 49-31-68 - Repealed
- Sections 49-31-73, 49-31-74 - Rural service areas--Services--Waiver. Certificate of authority--Retroactive application--Alterations or additions
- Sections 49-31-8, 49-31-9 - Repealed
Chapter 32 - Telephone, Telegraph And Electric Lines
- Section 49-32-10 - Overhead high voltage line safety--Definition of terms.
- Section 49-32-11 - Activities bringing persons or equipment in proximity to high voltage linesprohibited--Violation as misdemeanor.
- Section 49-32-12 - Storage or maintenance of equipment or structure in proximity to high voltage lineprohibited--Violation as misdemeanor.
- Section 49-32-13 - Warning signs to be posted on cranes and hoisting equipment--Violation asmisdemeanor--Separate offenses.
- Section 49-32-14 - Notice to utility of necessary work in proximity to high voltage line--Protectivemeasures--Violation as misdemeanor.
- Section 49-32-15 - Repealed.
- Section 49-32-16 - Activities exempt from high voltage safety requirements.
- Section 49-32-2 - Malicious destruction of equipment--Misdemeanor--Civil liability.
- Section 49-32-3 - Moving structures across or under utility's lines--Notice to utility--Deposit for costs.
- Section 49-32-3.1 - Required notice to telecommunications company--Planning meeting required.
- Section 49-32-3.2 - "Wind collector system" defined.
- Section 49-32-4 - Municipal regulation of movement of buildings or location of equipment.
- Section 49-32-5 - Minimum height of telecommunications facilities or wires--Violation as pettyoffense.
- Section 49-32-6 - Damages not collectible for destruction of facilities or wires under minimum height.
- Section 49-32-7 - Repealed.
- Section 49-32-8 - Liability for negligence unaffected.
- Section 49-32-9 - Repealed.
- Sections 49-32-1, Right-of-way - over or under public grounds--Control by public authorities--Acquisition of right-of-way
Chapter 32A - Television Translator Districts
- Section 49-32A-1 - Definition of terms.
- Section 49-32A-10 - Trustees not compensated--Expenses.
- Section 49-32A-14 - Preparation of annual budget--Presentation to county commissioners--Appropriations.
- Section 49-32A-15 - District treasurer--Separate fund--Disbursements on warrants.
- Section 49-32A-16 - Television services provided by translator districts--Cable service prohibited.
- Section 49-32A-17 - Acquisition and operation of electronic transmission and relay systems--Land andproperty acquisition--Compensation of property owners.
- Section 49-32A-18 - Contracts with public agencies--Employment of personnel.
- Section 49-32A-19 - Permits and licenses held by district.
- Section 49-32A-2 - Purpose of translator district.
- Section 49-32A-20 - Annexation of contiguous territory--Procedure.
- Section 49-32A-3 - Areas includable in translator districts.
- Section 49-32A-4 - Establishment of translator district by county ordinance.
- Section 49-32A-5 - Feasibility study by professional engineering consultant--Scope of study.
- Section 49-32A-6 - Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing.
- Section 49-32A-7 - Initial board of trustees for district--Number--Qualifications--Terms of office.
- Section 49-32A-8 - Appointment of successor trustees--Term of office--Filling of vacancies.
- Section 49-32A-9 - Meetings of district trustees--Regular time and place--Notice of change.
- Sections 49-32A-11 to 49-32A-13 - Repealed
Chapter 33 - Electric, Street Railway And Gas Corporations
- Section 49-33-1 - Incorporation of company--Articles of incorporation--Perpetual existence--Reinstatement of articles as amended.
- Section 49-33-10 - Powers of corporation--Right-of-way--Condemnation of land--Alteration ofroadways--Expenses.
- Section 49-33-11 - Powers of corporation--Connection with other facilities--Use of facilities--Accessoryfacilities.
- Section 49-33-12 - Powers of corporation--Rules and regulations--Rates--Discrimination prohibited.
- Section 49-33-13 - Powers of corporation--Extraterritorial powers.
- Section 49-33-14 - Board of directors--Election and term of office--Voting for directors--Vacancies.
- Section 49-33-14.1 - Bylaws--Adoption, amendment or repeal by board.
- Section 49-33-14.2 - Annual and special meetings of stockholders--Quorum--Notice.
- Section 49-33-15 - Director as stockholder--Minimum stock ownership.
- Section 49-33-16 - Repealed.
- Section 49-33-17 - Officers of corporation.
- Section 49-33-18 - Books and records--Exhibition to stockholders--Right to examine by certainstockholders.
- Section 49-33-19 - Capital stock subscription.
- Section 49-33-2 - Provisions applicable to gas companies.
- Section 49-33-20 - Failure to pay for subscription--Collection by directors--Forfeiture of amountspreviously paid.
- Section 49-33-21 - Transfer of stock--Stock deemed personal property.
- Section 49-33-22 - Increase in capital stock and amendment of articles of incorporation--Majority voteor greater required.
- Section 49-33-23 - Issuance of preferred stock.
- Section 49-33-24 - Series of preferred stock--Characteristics of stock--Dividends--Voting powers.
- Section 49-33-25 - Certificate of issuance of preferred stock--Filing with secretary of state.
- Section 49-33-26 - Increasing or decreasing preferred stock--Resolution of directors.
- Section 49-33-27 - Liability of stockholders--Stock held by fiduciary or as collateral security.
- Section 49-33-28 - Holding of stock in other corporations.
- Section 49-33-29 - Repealed.
- Section 49-33-3 - Affidavit of incorporators--Contents--Filing with secretary of state--Fee of secretary.
- Section 49-33-30 - Consolidation or merger with other corporations--Approval of plan.
- Section 49-33-4 - Certificate of incorporation--Corporate name--Rights conferred by certificate.
- Section 49-33-5 - Powers of corporation--Operation of business.
- Section 49-33-5.1 - Powers of corporation--Business corporation powers.
- Section 49-33-6 - Powers of corporation--Survey of proposed route--Entry upon property.
- Section 49-33-7 - Powers of corporation--Buildings and accessory facilities--Contracts withmunicipalities.
- Section 49-33-8 - Powers of corporation--Holding property.
- Section 49-33-9 - Powers of corporation--Purchase of property--Disposition of unneeded property.
Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service
- Section 49-34-1 - Use of public way for transmission facilities.
- Section 49-34-10 - Foreclosure of security--Succession to rights and powers.
- Section 49-34-11 - Recordation of security with secretary of state--Effective date of lien--After acquiredproperty.
- Section 49-34-11.1 - Definition of "public utility".
- Section 49-34-11.2 - Perfection of security interest in personal property or fixtures of public utility--Filingrequirements and effectiveness.
- Section 49-34-11.3 - Mortgage or trust deed securing debt executed by public utility--Filing requirementsand effectiveness.
- Section 49-34-11.4 - Applicability of uniform commercial code and other laws--Single filing--Compliancewith retention requirements.
- Section 49-34-12 - Assignment or discharge of security--Recordation with secretary of state--Descriptionof property.
- Section 49-34-13 - False meter readings as misdemeanor.
- Section 49-34-14 - Overcharging--Civil fine.
- Section 49-34-15 - Destruction of facilities as felony.
- Section 49-34-16 - Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.
- Section 49-34-17 - Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.
- Section 49-34-18 - Unauthorized use of service--Definitions.
- Section 49-34-19 - Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.
- Section 49-34-19.1 - Tampering with back flow preventer a misdemeanor.
- Section 49-34-2 - Construction standards--Obstruction of travel--Repairs.
- Section 49-34-20 - Presumptions.
- Section 49-34-3 - Contracts for central heating.
- Section 49-34-4 - Acquiring property for accessory facilities--Procedure for condemnation.
- Section 49-34-5 - Condemnation of parks or boulevards prohibited.
- Section 49-34-6 - Extension of facilities--Branch lines--Designation of route--Filing with secretary ofstate--Aid authorized.
- Section 49-34-7 - Branches to commercial facilities--Condemnation of right-of-way--Maximum lengthof branch.
- Section 49-34-8 - Extension of foreign facilities through state--Local taxation and regulation.
- Section 49-34-9 - Power to borrow money and give security--Resolution of board of directors.
Chapter 34A - Gas And Electric Utilities Regulation
- Section 49-34A-1 - Definition of terms.
- Section 49-34A-10 - Tariffs and schedules filed by utilities--Public inspection.
- Section 49-34A-100 - Approval, rejection, or modification of annual rate adjustment.
- Section 49-34A-101 - State renewable, recycled, and conserved energy objective established.
- Section 49-34A-102 - Qualifications for meeting renewable, recycled, and conserved energyobjective.
- Section 49-34A-103 - Calculation of amount of electricity from renewable, recycled, and conservedenergy source.
- Section 49-34A-104 - Evaluation of use as reasonable and cost effective.
- Section 49-34A-105 - Annual reports concerning renewable, recycled, and conserved energyobjective.
- Section 49-34A-106 - Purchase and retirement of renewable energy and recycled energy credits.
- Section 49-34A-107 - Separation and protection of assets of gas and electric utilities.
- Section 49-34A-11 - Burden of proving reasonableness of rates.
- Section 49-34A-12 - Change in rates--Notice to commission and affected customers.
- Section 49-34A-13 - Hearing on rate changes.
- Section 49-34A-13.1 - Intervenors permitted to appear at rate change hearing--Disclosure,pertinency, and disclaimer requirements--Intervenors not afforded partystatus.
- Section 49-34A-14 - Suspension of proposed rate or practice pending hearing--Time.
- Section 49-34A-15 - Repealed.
- Section 49-34A-16 - Delay in effectuation of suspended rate schedule pending disposition ofpreviously filed changes--Time--Violation as petty offense--Separateoffenses.
- Section 49-34A-17 - Implementation of proposed rate or practice--Accounts of customerpayments--Refund of excess--Time limit.
- Section 49-34A-18 - Repealed.
- Section 49-34A-19 - Costs and revenue considered in determining rates--Acquisition cost ofproperty as alternative--Projected income and expenses.
- Section 49-34A-19.1 - Separate accounts required for nonutility business--Profits and lossesconsidered by commission.
- Section 49-34A-19.2 - Disallowance for rate purposes of unreasonable profits of affiliates in salesor services to utility.
- Section 49-34A-2 - Service required of utilities.
- Section 49-34A-2.1 - Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
- Section 49-34A-20 - Rate increases not required to prevent competition.
- Section 49-34A-21 - Determination of rates--Order--Maximum rate--Classification adjustment.
- Section 49-34A-22 - Future rate reduction or credit as alternative to refund of excess chargespending determination on increases.
- Section 49-34A-23 - Action by commission for refund of excess charges pending determinationon increase--Costs recovered--Limitation of actions.
- Section 49-34A-24 - Municipal taxes on utilities passed on to customers.
- Section 49-34A-25 - Automatic adjustment of rates for changes in energy, fuel and gas costs, advalorem taxes paid or commission approved fuel incentives--Revised rateschedule filed by utility--Filing
- Section 49-34A-25.1 - Approval of tariff mechanisms for automatic annual adjustment of chargesfor jurisdictional costs of new or modified transmission facilities.
- Section 49-34A-25.2 - Approval, rejection, or modification of certain tariffs--Notice and hearing.
- Section 49-34A-25.3 - Filing for annual rate adjustments--Contents.
- Section 49-34A-25.4 - Standards for approval of annual rate adjustments.
- Section 49-34A-26 - Investigation of rates or services by commission--Notice--Action.
- Section 49-34A-27 - Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.
- Section 49-34A-28 - Repealed.
- Section 49-34A-29 - Issue of security or assumption of liability by utility prohibited unlessauthorized by commission.
- Section 49-34A-3 - Unreasonable preferences and prejudices prohibited--Violation as pettyoffense--Separate offenses.
- Section 49-34A-30 - Short-term obligations permitted without commission approval--Maximumoutstanding.
- Section 49-34A-31 - Prompt disposition of applications on securities and obligations--Continuance.
- Section 49-34A-32 - Findings required to permit issue of securities or assumption of obligation.
- Section 49-34A-33 - Order permitting issue of securities or assumption of obligations--Supplemental orders.
- Section 49-34A-34 - Application of security or proceeds in contravention of order prohibitedunless commission consents.
- Section 49-34A-35 - Sale, lease, disposition, purchase, merger, or consolidation prohibited unlessauthorized by commission--Certain transactions excepted.
- Section 49-34A-36 - Investigation of proposed disposition of property--Time for decision.
- Section 49-34A-37 - Purchase of voting stock in other utilities prohibited without commission'sconsent--Violation as petty offense--Separate offenses.
- Section 49-34A-39 - Investigation of condition of public utilities--Hearings.
- Section 49-34A-4 - Regulatory powers of commission--Rules.
- Section 49-34A-40 - Commission access to utility premises to examine, test and inspect--Utility'sright to representation--Utilities to cooperate and assist.
- Section 49-34A-41 - Order for production of utility books and records--Out-of-state records.
- Section 49-34A-42 - Electric utility's exclusive rights in assigned service area--Connectingfacilities in another area.
- Section 49-34A-43 - Boundaries of assigned service areas--Contracts between utilities--Serviceareas within municipalities.
- Section 49-34A-44 - Maps of service areas to be filed by electric utilities--Boundaries assigned bycommission order--Adjustment of intertwined service areas--Protest ofassigned service areas.
- Section 49-34A-45 - Payments to municipality from revenues of cooperative providing electricservice within municipality.
- Section 49-34A-46 - Payments to municipality owning electric system from revenues of electricutility operating within municipality.
- Section 49-34A-47 - Time of payments to municipality.
- Section 49-34A-48 - Electric utility's right to continue service in area annexed to municipality.
- Section 49-34A-49 - Municipal offer to purchase electric facilities in annexed area.
- Section 49-34A-5 - Municipal authority terminated.
- Section 49-34A-50 - Purchase price for electric facilities in area annexed by municipality.
- Section 49-34A-51 - Application for determination by commission of price for municipal purchaseof electric facilities in annexed area.
- Section 49-34A-52 - Acknowledgment by utility of municipal offer to purchase facilities inannexed area--Obligations of parties.
- Section 49-34A-53 - Repealed.
- Section 49-34A-53.1 - Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.
- Section 49-34A-54 - Purchase by utility of areas disannexed by municipality.
- Section 49-34A-55 - Sale or exchange of rights and property allowed between municipalities andutilities.
- Section 49-34A-56 - Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
- Section 49-34A-57 - Extension of lines to serve utility's or municipality's own property.
- Section 49-34A-58 - Adequacy of service determined by commission--Notice and hearing--Orderto correct inadequacy--Transfer of rights on failure to comply.
- Section 49-34A-59 - Notice and hearing on violation of service area provisions--Time for decision.
- Section 49-34A-6 - Rates to be reasonable and just--Regulation by commission.
- Section 49-34A-60 - Repealed.
- Section 49-34A-61 - Burden of proof on party seeking to modify or vacate commission order.
- Section 49-34A-61.1 - Rehearings--Application--Grant or refusal--Time--Orders not stayed unlesscommission directs.
- Section 49-34A-62 - Parties entitled to rehearings and appeals--Procedure.
- Section 49-34A-65 - Bond required when stay or suspension granted--Other security in additionor in lieu--Refund of increase not allowed on appeal.
- Section 49-34A-66 - Violation of law or commission order--Civil penalty.
- Section 49-34A-67 - Each violation or day's continuation as separate offense.
- Section 49-34A-68 - Penalties cumulative--Single action does not bar other remedies.
- Section 49-34A-69 - Commission to refer violations to attorney general.
- Section 49-34A-7 - System of accounts.
- Section 49-34A-70 - Preference on calendar for proceedings under chapter.
- Section 49-34A-71 - Chapter complete--Laws in conflict repealed.
- Section 49-34A-72 - Commission participation in federal proceedings--Recovery of expenses.
- Section 49-34A-73 - Rate stability plan for phase-in of rate increases.
- Section 49-34A-74 - Approval of rate stability plan.
- Section 49-34A-75 - Annual review of rate stability plan.
- Section 49-34A-76 - Filing general rate case prior to operation of capital additions.
- Section 49-34A-77 - Filing fee for rate stability plan.
- Section 49-34A-78 - Nonapproval of rate stability plan.
- Section 49-34A-79 - Public or electric utilities authorized to remove certain obstructions.
- Section 49-34A-8 - Criteria for determination of rates by commission.
- Section 49-34A-8.1 - Policy to alleviate financial burden of pricing structure.
- Section 49-34A-8.2 - Incentive rates for improved performance and efficiency.
- Section 49-34A-8.3 - Business development rates--Public interest exception.
- Section 49-34A-8.4 - Burden on public utility to establish criteria for determination of rates.
- Section 49-34A-81 - Repealed.
- Section 49-34A-82 - Definitions.
- Section 49-34A-83 - Refund or credit of certain taxes for construction of certain power productionfacilities.
- Section 49-34A-84 - Requirements for refund.
- Section 49-34A-85 - Amount of refund.
- Section 49-34A-86 - Application for refund--Refund claim not assignable--Exception.
- Section 49-34A-87 - Secretary to prescribe form and documentation requirements.
- Section 49-34A-88 - Deadline for submitting claim for refund--Department to withhold percentageof refund.
- Section 49-34A-89 - Withheld amounts paid at completion of project.
- Section 49-34A-9 - Deviation from schedules of rates and charges prohibited--Violation as pettyoffense--Separate offenses.
- Section 49-34A-90 - Fraudulent claim--Refunded sums constitute lien in favor of state.
- Section 49-34A-93 - Implementation of and compliance with certain federal energy acts.
- Section 49-34A-94 - Renewable electricity and recycled energy defined.
- Section 49-34A-95 - Renewable energy credits for electricity authorized.
- Section 49-34A-96 - Promulgation of rules regarding renewable energy credit system.
- Section 49-34A-97 - Approval of tariff mechanisms for automatic annual adjustment of chargesfor environmental improvements.
- Section 49-34A-98 - Approval, rejection, or modification of certain electric service tariffs.
- Section 49-34A-99 - Annual rate adjustment filings for certain electric service tariffs.
- Sections 49-34A-38, 49-34A-38.1 - Repealed
- Sections 49-34A-63, 49-34A-64 - Repealed
- Sections 49-34A-80, 49-34A-92 - Certain commercial small power production facilities subject to 49-34A-80
- Sections 49-34A-91, 49-34A-92 - Right to hearing on denial of refund claim. Promulgation of rules
Chapter 34B - Pipeline Safety
- Section 49-34B-1 - Definition of terms.
- Section 49-34B-10 - Calculating inspection fee for intrastate operators.
- Section 49-34B-11 - Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Feescredited to pipeline safety account.
- Section 49-34B-12 - Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safetyaccount--Interstate facilities exempt.
- Section 49-34B-13 - Conduct in violation of federal act--Authority of commission to pursue remedies.
- Section 49-34B-14 - Commission as agent of United States Department of Transportation in regulatinginterstate pipelines.
- Section 49-34B-15 - Designation of commission's inspectors as federal agents.
- Section 49-34B-16 - Inspection fee for interstate operators--Objections to fee--Fees deposited in pipelinesafety account.
- Section 49-34B-17 - Calculation of interstate operator's inspection fee.
- Section 49-34B-18 - Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.
- Section 49-34B-19 - Promulgation of inspection and safety rules.
- Section 49-34B-2 - Rural gathering facility exempt.
- Section 49-34B-20 - Promulgation of rules for calculation, assessment, and collection of fees.
- Section 49-34B-21 - Accident report available in judicial proceedings.
- Section 49-34B-22 - Trade secrets information confidential.
- Section 49-34B-23 - Acceptance of federal moneys.
- Section 49-34B-24 - Waiver of compliance with standards--Reasons to be stated.
- Section 49-34B-25 - Damaging or tampering with sign or line markers prohibited--Violation asmisdemeanor.
- Section 49-34B-26 - Prohibition against disposing of, destroying or altering pipeline involved inemergency release--Violation as felony.
- Section 49-34B-3 - Pipeline safety inspection program created--Compliance program.
- Section 49-34B-4 - Promulgation of safety standards--Considerations.
- Section 49-34B-5 - Noncompliance--Hearing--Corrective action.
- Section 49-34B-6 - Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.
- Section 49-34B-7 - Required records and information--Inspection by employee or agent of commission.
- Section 49-34B-8 - Programs for prevention of damage.
- Section 49-34B-9 - Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipelinesafety account established.
Chapter 35 - Consumers Power District Formation36. Consumers Power District Directors, Officers And Agents
- Section 49-35-1 - Definitions.
- Section 49-35-10 - Issuance of certificate of filing of petition.
- Section 49-35-15 - Submission to electors--Procedure for conducting election.
- Section 49-35-16 - Certification of election returns.
- Section 49-35-17 - Annexation of additional territory--Consolidation of districts--Petitions--Election.
- Section 49-35-2 - Purpose of district.
- Section 49-35-27 - Amendment of petition to change name or principal place of business--Changing number of directors--Changes authorized by directors.
- Section 49-35-3 - District as public corporation and political subdivision--Capacity to sue and besued--General powers.
- Section 49-35-30 - Amendment of petition for creation of district--Effective date of amendment.
- Section 49-35-31 - Repealed.
- Section 49-35-4 - Composition of district--Division of municipalities prohibited--Districts withindistricts.
- Section 49-35-5 - Procedure for creation of district.
- Section 49-35-6 - Rural areas--Petition to clerk of courts.
- Section 49-35-7 - Contents of petition.
- Section 49-35-8 - Signatories to petition--Basis for computing minimum required signatures--Information in addition to signatures.
- Section 49-35-9 - Affidavit by circulator of petition.
- Sections 49-35-11 to 49-35-14 - Repealed
- Sections 49-35-18 to 49-35-26 - Repealed
- Sections 49-35-28, 49-35-29 - Repealed
Chapter 37 - Consumers Power District Powers And Operations
- Section 49-37-1 - Usual corporate powers--Power to hold property in conduct of business--Authorityto promote district.
- Section 49-37-10 - Competitive bidding requirements suspended during emergency.
- Section 49-37-11 - Competitive bidding requirements suspended during war.
- Section 49-37-12 - Private industry prohibited from owning assets of district--Consent of voters--Saleof individual items permitted.
- Section 49-37-13 - Privilege tax levied against district.
- Section 49-37-14 - Computation and payment of tax.
- Section 49-37-15 - Taxes on districts qualifying as rural electric companies.
- Section 49-37-16 - Charges for services--Discrimination prohibited.
- Section 49-37-17 - Districts not within jurisdiction of Public Utilities Commission.
- Section 49-37-18 - District as franchised to use streets of municipality for transmission lines.
- Section 49-37-19 - Contracts with municipality for sale at wholesale--Authority of municipality.
- Section 49-37-2 - Acquisition or operation of electric plants and systems inside or outside district--Singular or joint operations--Purpose.
- Section 49-37-20 - Other contracts with municipalities--Authority of municipality.
- Section 49-37-21 - Districts as works of internal improvement--Applicability of laws respecting internalimprovements.
- Section 49-37-22 - Just compensation for use of state waters--Amount of compensation.
- Section 49-37-23 - Liability of district respecting use of water.
- Section 49-37-24 - Investment of district funds--Regulations--Investment officer.
- Section 49-37-3 - Repealed.
- Section 49-37-3.1 - Criteria considered in development of power systems--Alternative sources--Boarddetermination as to size of facility.
- Section 49-37-4 - Contractual powers--Sale of electrical appliances or equipment prohibited.
- Section 49-37-4.1 - Contract to designate party as agent for itself and district--Delegation of contractualpowers to agent.
- Section 49-37-4.2 - Validation of prior contracts providing for designation of agent.
- Section 49-37-4.3 - Cooperation in generation and transmission facilities--Permissible terms of contract.
- Section 49-37-5 - Duty to sell at wholesale to municipalities or other political subdivisions.
- Section 49-37-6 - Joint action with other districts.
- Section 49-37-7 - District as having no power to tax.
- Section 49-37-8 - State and other political subdivisions not liable for district's obligations.
- Section 49-37-9 - Duty to cause estimates before entering into contract--Joint projects excepted--Minimum number of bids.
- Section 49-37-9.1 - Prior joint contracts, expenditures and acquisitions validated despite noncompliancewith competitive bid provisions.
Chapter 38 - Consumers Power District Records, Accounts And Reports
- Section 49-38-1 - Minutes of meetings--Books of account--Place of keeping--Public inspection.
- Section 49-38-2 - Annual audit by department of legislative audits--Filing with auditor-general--Costof audit.
- Section 49-38-3 - Contents of audit.
- Section 49-38-4 - Time for audit--Furnishing information to auditor.
- Section 49-38-5 - Repealed.
- Section 49-38-6 - Repealed.
- Section 49-38-7 - Expenditure of district moneys--Approval by board of directors.
- Section 49-38-8 - Repealed.
Chapter 39 - Consumers Power District Borrowing And Indebtedness
- Section 49-39-1 - Authority to borrow--Funds available for repayment--Security for loan.
- Section 49-39-10 - Default on bonds--Court appointment of receiver--Authority of receiver to operatedistrict--Discharge of receiver and return of district to control.
- Section 49-39-2 - Pledging revenues as security for borrowing.
- Section 49-39-3 - Resolution specifying particular revenues pledged.
- Section 49-39-4 - Refunding of indebtedness--Issuance of refunding securities--Disposition ofproceeds.
- Section 49-39-5 - Payment of pledged revenues into special fund--Use of revenues--Designation ofdepository.
- Section 49-39-6 - Sale of bonds.
- Section 49-39-6.1 - Issuance of variable rate obligations--Authorization by resolution--Scope.
- Section 49-39-6.2 - Enhancement of security for variable rate obligations--Credit agreements--Paymentof costs.
- Section 49-39-7 - Agreement with bondholders respecting charges for electricity.
- Section 49-39-8 - Pledging revenues to secure federal indebtedness--State not liable.
- Section 49-39-9 - Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control.
Chapter 40 - Consumers Power District Dissolution And Sale Of Assets
- Section 49-40-1 - Conditions under which assets may be transferred or encumbered.
- Section 49-40-2 - Hypothecation of assets permitted.
- Section 49-40-3 - Sale of assets to other public electric company.
- Section 49-40-3.1 - Sale of assets--Retroactive application.
- Section 49-40-4 - Right of municipality to purchase portion of assets within boundaries.
- Section 49-40-5 - Inability to agree with municipality on price--Court determination--Basis ofdetermination.
- Section 49-40-6 - Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award.
- Section 49-40-7 - Transfer of assets to private person prohibited.
- Section 49-40-8 - Transfer of facilities within municipality to private municipal supplier permitted.
- Section 49-40-9 - Petition for dissolution of district--Conditions under which dissolution may bepermitted--Notice of dissolution--Contents of notice--Expenses of dissolution.
Chapter 41 - Electrical Suppliers [Repealed]
Chapter 41A - Gas And Electric Consumers Council [Repealed]
Chapter 41B - Energy Conversion And Transmission Facilities
- Section 49-41B-1 - Legislative findings--Necessity to require permit for facility.
- Section 49-41B-1.1 - Repealed.
- Section 49-41B-10 - Final report of committee.
- Section 49-41B-11 - Applications for permit--Filing deadline--Form--Contents.
- Section 49-41B-12 - Deposit required--Disposition--Minimum and maximum fees--Environmental impactfee.
- Section 49-41B-13 - Denial, return, or amendment of application--Grounds--Applicant permitted to makechanges.
- Section 49-41B-14 - Further data provided prior to hearings if required--Prehearing conference.
- Section 49-41B-15 - Procedure followed by commission following receipt of application for permit.
- Section 49-41B-16 - Public hearings held within thirty days after notice.
- Section 49-41B-17 - Parties to proceedings under chapter.
- Section 49-41B-17.1 - County auditor as agent for service of process on party--Request for personal service.
- Section 49-41B-18 - Repealed.
Chapter 42 - Public Warehouses Generally [Repealed]
Chapter 42A - Public Storage Warehouses
Chapter 43 - Public Grain Warehouses
Chapter 44 - Grain Inspectors And Weighmasters
Chapter 45 - Grain Buyers
Chapter 46 - Residential Conservation Of Energy