South Dakota § 49-34A-45 Payments to municipality from revenues of cooperative providing electric service within municipality.

South Dakota Statutes

§ 49-34A-45 — Payments to municipality from revenues of cooperative providing electric service within municipality.

South Dakota § 49-34A-45

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-32AGAS AND ELECTRIC UTILITIES REGULATION

This text of South Dakota § 49-34A-45 (Payments to municipality from revenues of cooperative providing electric service within municipality.) 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 § 49-34A-45 (2026).

Text

A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed two percent of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be two percent of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The ta

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A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed two percent of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be two percent of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45 , 10-46 , or 10-52 .

Legislative History

SL 1965, ch 254, § 28; SDCL § 49-41-31; SL 1970, ch 261, § 28; SL 1975, ch 283, § 42 (6); SL 2001, ch 256, § 1; SL 2005, ch 249, § 1; SL 2015, ch 232, § 1.