49-45-1. Grain buyer's license--Penalty--Civil fine.
Before transacting the business of a grain buyer in this state, a person shall obtain a grain buyer license from the commission.
A violation of this section is a Class 5 felony if the person holds himself or herself out to be a grain broker and a Class 1 misdemeanor in all other cases. Each purchase of grain without a license is a separate offense.
A grain buyer transacting business without a license may be enjoined upon complaint of the commission.
The commission may assess a civil fine against an unlicensed grain buyer in the amount of five thousand dollars for each purchase of grain, up to a maximum fine of fifty thousand dollars per licensing period, as set forth in §49-45-3.
For purposes of this section, the term, purchase of grain, means a transaction evidenced by the issuance of a uniform scale ticket or receipt, as described in §49-45-10.1.
Source: SL 1949, ch 434, §1; SL 1957, ch 488; SDC Supp 1960, §60.0335; SL 1983, ch 15, §174; SL 1985, ch 376, §71; SL 1992, ch 332, §5; SL 2008, ch 251, §1; SL 2022, ch 174, §4; SL 2022, ch 175, §1.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Section 49-45-1 - Grain buyer's license--Penalty--Civil fine.
Section 49-45-1.1 - Definitions.
Section 49-45-3 - Expiration, revocation, and suspension of license--Appeal.
Section 49-45-6 - Supervision of grain buyers--Promulgation of rules.
Section 49-45-7.1 - Classes of grain buyer's license.
Section 49-45-8 - Fee for license application--Waiver.
Section 49-45-9 - Bond requirements--Violation as misdemeanor--Amount.
Section 49-45-9.1 - Filing of financial documents in lieu of bond.
Section 49-45-10 - Payment for grain by buyer.
Section 49-45-10.1 - Uniform scale tickets or receipts.
Section 49-45-11 - Voluntary credit sales.
Section 49-45-13 - Inspection of buyers' facilities--Examination of books--Subpoena power.
Section 49-45-13.1 - Memorandum of adjustments--Civil fine for failure to comply.
Section 49-45-14 - Reports by buyers--Public inspection not permitted--Violation as misdemeanor.
Section 49-45-16 - Grounds for suspension of grain buyer's license--Hearing--Revocation.
Section 49-45-16.1 - Receiver--Powers and duties.
Section 49-45-18 - Audit of scale tickets--Certification of quantity and class of grain.
Section 49-45-19 - Grain buyer license—Revocation—Filing of claims.
Section 49-45-22 - Class A license requirements--Violation as misdemeanor.
Section 49-45-23 - Records of grain purchased and contracts.
Section 49-45-24 - Notice of destruction of or damage to facility.
Section 49-45-25 - Grain buyer's financial condition--Notice to commission--Penalty--Civil fine.
Section 49-45-26 - Provision of requested records--Penalty--Civil fine.
Section 49-45-29 - Grain broker--Prohibited activities--Penalty--Civil fine.