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South Dakota Codified Laws — Title 10 (Taxation)

SDCL § 10-38-6

Failure of utility to file report as petty offense--Each day as separate offense--Notice and opportunity to correct defect required on good faith attempt to comply

Official textsdlegislature.gov

It is a petty offense for a public utility company to fail to file any statement or report required by any of such chapters. Each day the statement or report is not filed is a separate offense.
If any such public utility shall make an attempt in good faith to comply with the provisions relating to it in such chapters in the furnishing of any such report or statement, it shall not be subject to such penalty until after the Department of Revenue shall have given such utility formal written notice by registered or certified mail of any defect or delay, and such company shall have failed for a period of twenty days after the mailing of such notice to file a report or statement correcting the defect or omission.

Last amended: Source: SDC 1939, § 57.9917; SL 1982, ch 86 , § 26; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

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In this chapter (31 sections)
  1. 10-38-1 · Opportunity for hearing before department--Purpose of…
  2. 10-38-2 · 10-38-2 to 10-38-4. Repealed by SL 1994, ch 73, §§ 35 to 37
  3. 10-38-5 · False statement in utility report--Petty offense
  4. 10-38-6 · Failure of utility to file report as petty offense--Each day…
  5. 10-38-7 · Disposition of penalties
  6. 10-38-8 · Addition to assessment or tax for failure of utility to make…
  7. 10-38-9 · False statement or failure to furnish information concerning…
  8. 10-38-10 · Action in circuit court for collection of tax, penalties and…
  9. 10-38-11 · Allegation of tax liability--Treasurer's books as prima…
  10. 10-38-12 · Judgment for taxes, penalties and costs
  11. 10-38-13 · Defenses in action for collection of taxes--Reassessment…
  12. 10-38-14 · Secretary to redetermine tax when set aside by court
  13. 10-38-15 · Information required by secretary for purpose of reassessment
  14. 10-38-16 · Notice to taxpayer of time and place of reassessment
  15. 10-38-17 · Reassessment as of original assessment date
  16. 10-38-18 · 10-38-18, 10-38-19. Repealed by SL 1994, ch 73, §§ 39, 40
  17. 10-38-20 · Rate of tax on reassessment--Interest from original…
  18. 10-38-21 · Repeated reassessments
  19. 10-38-22 · Reassessments subject to laws applicable to original…
  20. 10-38-23 · General tax laws applicable to collection of special…
  21. 10-38-24 · Special assessment--Delinquent utility--Seizure and…
  22. 10-38-25 · Sale of utility property for special assessment
  23. 10-38-26 · Surplus above special assessments and expenses returned to…
  24. 10-38-27 · Return to utility of property not sold for want of bidders
  25. 10-38-28 · Special assessment collection procedure applicable to past…
  26. 10-38-29 · Notice of valuation of centrally assessed property
  27. 10-38-30 · Appeal of valuation of centrally assessed property--Notice…
  28. 10-38-31 · De novo appeals of centrally assessed property
  29. 10-38-32 · Perfection of appeals of centrally assessed property
  30. 10-38-33 · Consolidation of appeals of centrally assessed property
  31. 10-38-34 · Nonparticipation in administrative action not a bar to appeal
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