49-43-1.1. Definitions.
Terms used in this chapter mean:
(1)"Commission," the Public Utilities Commission of this state;
(2)"Grain bank," grain which is received by a public grain warehouse from depositors for storage and is to be withdrawn and processed into feed as needed;
(3)"Independent provider," a third party entity that maintains an electronic central filing system of electronic warehouse receipts;
(4)"Open storage grain," grain received by a public grain warehouse from a depositor for which a warehouse receipt has not been issued or a purchase made and is not grain bank;
(5)"Public grain warehouse," any public warehouse where grain, as defined in subdivision 49-45-1.1(2), is received for storage for hire. A public grain warehouse may also purchase, receive or handle grain in accordance with the provisions of chapter 49-45 relating to grain buyers;
(6)"Receipt," a warehouse receipt which complies with the requirements of this chapter and the rules of the commission promulgated pursuant thereto. A warehouse receipt may be in an electronic form;
(7)"Scale ticket," a memorandum issued by a public grain warehouse or grain buyer to a depositor at the time grain is initially delivered, showing the weight of the load, kind of grain, date of delivery, and indicates whether the grain is to be sold or stored under a warehouse receipt, in open storage, or in a grain bank account.
Source: SL 1985, ch 376, §17; SL 1986, ch 397, §2; SL 1989, ch 404, §1; SL 1994, ch 359, §1; SL 2008, ch 249, §2; SL 2011, ch 211, §1; SL 2012, ch 232, §1.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 43 - Public Grain Warehouses
Section 49-43-1 - Grain delivered to warehouse considered stored--Other arrangements--Settlement.
Section 49-43-1.1 - Definitions.
Section 49-43-2 - Delivery constitutes bailment rather than sale.
Section 49-43-2.1 - Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.
Section 49-43-3 - Grain stored under receipt not liable to seizure--Insolvency of bailee.
Section 49-43-4.1 - Promulgation of rules.
Section 49-43-4.2 - Public grain warehouse license--Penalty--Injunction--Civil fine.
Section 49-43-4.3 - Bond requirement--Violation as misdemeanor.
Section 49-43-4.4 - Issuance or denial of license.
Section 49-43-4.5 - Expiration of license--Revocation or suspension.
Section 49-43-5.1 - Application for license--Contents--Multiple warehouses of licensee.
Section 49-43-5.2 - Application fee.
Section 49-43-5.3 - Purpose of bond--Amount--Multiple warehouses.
Section 49-43-5.5 - Filing of other financial documents in lieu of bond.
Section 49-43-5.6 - Grounds for suspension of license.
Section 49-43-5.8 - Possession of warehouse by commission--Notification of surety.
Section 49-43-5.9 - Claim against warehouseman--Time limitation--Notice of revocation of license.
Section 49-43-7 - Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination.
Section 49-43-10 - Yearly grain measurement--Additional reports--Violation as misdemeanor.
Section 49-43-11 - Duty to receive grain--Exceptions--Violation as misdemeanor.
Section 49-43-13 - Notice of market value of grain and accrued storage charges.
Section 49-43-14 - Issuance of new receipts--Cancellation of old receipts.
Section 49-43-15 - Conditions to issuance of receipt--Violation as misdemeanor.
Section 49-43-17 - Modification of warehouseman's liability prohibited.
Section 49-43-18 - Cancellation of receipt upon delivery of grain--Double delivery prohibited.
Section 49-43-19 - Partial delivery of grain--Issuance of new receipt--Terms of new receipt.
Section 49-43-21 - Warehouseman prohibited from denying title of receipt holder.
Section 49-43-22 - Duty to redeliver grain.
Section 49-43-25 - Refusal to deliver grain as theft.
Section 49-43-32 - Warehouseman agreeing to delivery contrary to owner's directions as misdemeanor.
Section 49-43-33 - Pooling agreements between competing warehousemen as misdemeanor.
Section 49-43-35 - Grain bank accounts--Establishment and maintenance.
Section 49-43-36 - Open storage grain considered stored grain.
Section 49-43-37 - Insurance of grain against loss--Violation as misdemeanor.
Section 49-43-38 - Records to be kept in safe place--Inspection.
Section 49-43-39 - Notice of damage to or destruction of warehouse.
Section 49-43-40 - Inspection of grain warehouses--Subpoena power and examination of witnesses.
Section 49-43-41 - Provision of requested records--Civil fine.
Section 49-43-42 - Memorandum of adjustments.
Section 49-43-43 - Provisions regarding uniform warehouse receipts applicable.
Section 49-43-45 - Issuance of receipt with false statement as misdemeanor.
Section 49-43-50 - Appeal of commission decision.
Section 49-43-51 - Falsely weighing agricultural product as misdemeanor.
Section 49-43-52 - Grain and warehouse fund established.
Section 49-43-54 - Contract with independent provider to maintain electronic warehouse receipts.
Section 49-43-55 - Commission approval of independent provider--Revocation of approval.
Section 49-43-56 - Maintenance of secure electronic central filing system--Promulgation of rules.
Section 49-43-57 - Depositor right to paper warehouse receipt.