49-35-1. Definitions. Terms used in chapters 49-35 to 49-40, inclusive, unless the context otherwise plainly requires, shall mean: (1)”Consumers power district” or “district” means a district organized under this chapter or as the same may be from time to time altered or extended under the terms of this chapter; (2)”Governing body” means the duly constituted […]
49-35-10. Issuance of certificate of filing of petition. After the petition has been filed in the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law and contains the required number of valid signatures, the secretary of state shall file the petition and issue a certificate of […]
49-35-15. Submission to electors–Procedure for conducting election. Upon the receipt of the certificate of filing by any county auditor or municipal finance officer receiving the same from the secretary of state, the question shall be submitted to the electors of the proposed district at the next election. The manner of conducting and voting at elections […]
49-35-16. Certification of election returns. Within ten days after the canvass of the vote at an election pursuant to §49-35-15, each county auditor or municipal finance officer shall certify and return to the secretary of state the number of votes cast at such election in favor of and against the question submitted. If a majority […]
49-35-17. Annexation of additional territory–Consolidation of districts–Petitions–Election. A petition for the annexation of additional territory to an existing district may be filed by registered voters of the area to be annexed. Petitions for the consolidation of two or more existing districts shall be filed by registered voters of each existing district. These petitions shall be […]
49-35-2. Purpose of district. Nonprofit, public service, utility districts may be organized under this chapter for the purpose of supplying electric energy and encouraging and extending the use thereof within or without the State of South Dakota. Source: SL 1950 (SS), ch 17, §2; SDC Supp 1960, §52.1702; SL 1989, ch 403, §1.
49-35-27. Amendment of petition to change name or principal place of business–Changing number of directors–Changes authorized by directors. Any district may amend its petition to provide for a change in its name or change in the location of its principal place of business and may reduce or increase the number of members of its board […]
49-35-3. District as public corporation and political subdivision–Capacity to sue and be sued–General powers. A district may be created as provided in this chapter, and when so created, shall be a public corporation and political subdivision of this state, and may sue or be sued in its corporate name, and have all other powers in […]
49-35-30. Amendment of petition for creation of district–Effective date of amendment. The proposed amendment is effective and in full force immediately upon the issuance of a certificate of amendment by the secretary of state. Thereupon the district, as in the case of the original district, is a public corporation and political subdivision, and shall operate […]
49-35-32. Citation of chapters. Chapters 49-35 to 49-40, inclusive, may be cited as the “Consumers Power Districts Law.” Source: SL 1950 (SS), ch 17, §1; SDC Supp 1960, §52.1701.
49-35-4. Composition of district–Division of municipalities prohibited–Districts within districts. A consumers power district may be composed of the territory of one or more municipalities or rural areas as defined in this chapter, whether contiguous or otherwise, but no municipality or voting precinct shall be divided in the formation of a district. Nothing in chapters 49-35 […]
49-35-5. Procedure for creation of district. A consumers power district may be created only by election and the procedure as provided in this chapter. Source: SL 1950 (SS), ch 17, §5; SDC Supp 1960, §52.1705.
49-35-6. Rural areas–Petition to clerk of courts. A consumers power district may be organized in a rural area under the provisions of this chapter by filing within ninety days after the earliest date of the signing by any petitioner in the office of the clerk of courts of the county in which the principal place […]
49-35-7. Contents of petition. The petition for the organization of a consumers power district shall be addressed to the secretary of state and shall state in substance that it is the intent and purpose of the petitioners to create such a district under the provisions of this chapter subject to approval by the registered voters […]
49-35-8. Signatories to petition–Basis for computing minimum required signatures–Information in addition to signatures. The petition for the organization of a consumers power district shall be signed by five percent of the qualified electors of the proposed district. The number of votes cast for Governor at the general election within the boundaries of the proposed district […]
49-35-9. Affidavit by circulator of petition. Every sheet of every petition for the organization of a consumers power district containing signatures shall have upon it and below the signatures a circulator’s verification as required by subdivision 12-1-3(8). Source: SL 1950 (SS), ch 17, §9; SDC Supp 1960, §52.1709; SL 1998, ch 276, §3.
