An Act to define a commodity for the purpose of qualifying as a common carrier.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 49-7-11 be AMENDED:
49-7-11.
All pipelines
companies
holding
themselves out to the general public as being
engaged in the
business of transporting commodities for hire,
by pipeline,
are common carriers and are not subject to
the provisions of Title 49
this title,
except as provided by this chapter and chapter 49-41B.
For purposes of this section, the term, commodity, means a product that is intended for commerce and is being transported to a point of distribution, consumption, or processing, within or outside of this state. The term does not include a product that is disposed of in geological storage or used in a manner that allows its owner, shipper, or the shipper’s customer to qualify for a tax credit or a direct payment, pursuant to 26 U.S.C. 45Q.