South Dakota Codified Laws
Chapter 53 - Expenses Arising Out Of Pipeline Construction
Section 34-53-11 - Calculation and billing of special fees.

34-53-11. Calculation and billing of special fees.
On a monthly basis, the Department of Public Safety shall calculate the special fee from the total approved claims paid from the fund during the prior calendar month. The total extraordinary expenses shall include the interest computed at the federal short-term applicable rate as set forth under 26 U.S.C. §6621(b)(3), and in effect on January 1, 2019. The department shall exclude disputed and properly preserved claims under §34-53-9 and account for the remaining initial deposit under §34-53-10.
On or before the twentieth day of each month, the secretary shall bill the pipeline company for the total net special fee computed under this section, which is due on the tenth day of the following month.
If a disputed claim under §34-53-9 is resolved in favor of payment from the fund, the department shall include the amount of the claim, including any pre-judgment interest, in the following month's special fee to be billed under this section.
If funds are received and deposited into the PEACE fund after special fees have been fully paid, the secretary shall disburse any remaining unobligated funds to the federal government agency that made contribution to the fund and the pipeline company on a pro rata basis until contributions are returned, and any remaining amounts deposited into the state general fund. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.)

Source: SL 2019, ch 157, §11, eff. Mar. 27, 2019.

Structure South Dakota Codified Laws