South Dakota § 34-39-3 Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.

South Dakota Statutes

§ 34-39-3 — Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.

South Dakota § 34-39-3

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-39LIQUEFIED PETROLEUM GASES

This text of South Dakota § 34-39-3 (Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-39-3 (2026).

Text

The department may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department. The department shall charge and collect a sixty-eight dollar fee for each test. Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a ninety-four dollar fee for each inspection. Fo

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The department may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department. The department shall charge and collect a sixty-eight dollar fee for each test. Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a ninety-four dollar fee for each inspection. For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility with a capacity of at least eight thousand gallons. Revenue from the fees imposed by this section shall be deposited into the general fund. It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 37-21-9.1 , 37-21A-3 , 37-21A-7 , and 37-22-10 , through the General Appropriations Act.

Legislative History

SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1980, ch 267, § 3; SL 1984, ch 29, § 3; SL 1996, ch 218; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2006, ch 187, § 1; SL 2007, ch 224, § 3; SL 2016, ch 183, § 3.