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CHAPTER 34-45

EMERGENCY REPORTING SYSTEM

34-45-1      Definitions.
34-45-2      Ordinances in effect on January 1, 2012 authorizing 911 emergency reporting system--Surcharge.
34-45-3      Costs for installation, maintenance, or operation--Joint agreements among governing bodies.
34-45-4      Monthly uniform 911 emergency surcharge per service user line.
34-45-4.1      Repealed.
34-45-4.2      Prepaid wireless 911 emergency surcharge.
34-45-4.3      Registration of entity required to collect and remit surcharge.
34-45-5      Billing and collection of surcharge.
34-45-6      Surcharge--Liability.
34-45-6.1      Repealed.
34-45-7      Liability for collection and payment of service user line surcharges.
34-45-8      Repealed.
34-45-8.1      Repealed.
34-45-8.2      Returns and reports filed electronically--Surcharges remitted by electronic transfer--Release of certain information to public safety answering points.
34-45-8.3      Time for filing monthly return, report, and remittance--Penalty or interest.
34-45-8.4, 34-45-8.5.      Repealed .
34-45-8.6      Distribution of revenue to compliant public agencies and to public safety 911 emergency fund and 911 coordination fund .
34-45-8.7      Public safety 911 emergency fund--Distributions to compliant public safety answering points and 911 coordination fund.
34-45-9      Administration costs.
34-45-9.1      Retention of surcharges by prepaid wireless service seller during first three months.
34-45-10      Repealed.
34-45-11      Contracts for administration of 911 service.
34-45-12      911 coordination fund--Distributions to public safety answering points.
34-45-13      Pay telephone--No coins required to dial 911.
34-45-14      Private listings furnished to 911 system.
34-45-15, 34-45-16. Repealed.
34-45-17      Immunity from liability.
34-45-18      911 Coordination Board established.
34-45-18.1      Board representatives.
34-45-18.2      Promulgation of rules regarding operational standards, coordination of service, and expenditures.
34-45-18.3      Repealed.
34-45-18.4      Future public safety points to consist of two or more local government entities.
34-45-18.5      State may contract with public safety answering point for emergency services.
34-45-18.6      Record keeping by service providers and prepaid wireless service sellers.
34-45-18.7      Promulgation of rules regarding returns, records, and audits.
34-45-18.8      Prohibited conduct--Misdemeanor.
34-45-19      Board attached to Department of Public Safety--Coordinator.
34-45-20      Board duties.
34-45-21      911 financial information.
34-45-22      "911 Telecommunicator" defined.


34-45-23      "Commission" defined.
34-45-24      Training required for employment.
34-45-25      Effective date.
34-45-26      Qualifications for employment and training.
34-45-27      Commission reserves right to refuse application.
34-45-28      Prior requirements sufficient for continued employment.
34-45-29      Promulgation of rules regarding training and certification--Establishment of criteria for revocation or suspension of certification.
34-45-30      Responsibilities of the commission.
34-45-31      Creation of a 911 telecommunicator training fund.
34-45-32      Training programs established.
34-45-33      Repealed.
34-45-34      Enhanced 911 service.


     34-45-1.   Definitions. Terms used in this chapter mean:
             (1)      "Basic 911," any service which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point to report police, fire, medical, or other emergency situations by dialing 911;
             (2)      "Board," the South Dakota 911 Coordination Board created pursuant to § 34-45-18;
             (3)      "Enhanced 911," any system which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point by dialing the digits 911, and which routes that call to the appropriate public safety answer point and which automatically provides information about the service user to a 911 dispatcher including the user's name, location, call back number, and assigned emergency responders;
             (4)      "Governing body," the board of county commissioners of a county or the governing body of a municipality;
             (5)      "Interconnected Voice-over Internet Protocol (VoIP) service," any service with the following characteristics:
             (a)      Enables real-time two-way voice communication;
             (b)      Requires a broadband connection from the user's location;
             (c)      Requires internet protocol-compatible customer premise equipment; and
             (d)      Permits users generally to receive calls that originate and terminate on the public switched telephone network;
             (6)      "911 emergency reporting system" or "911 system," any telecommunications service system consisting of network, database, and on-premises equipment which utilizes the single three-digit number 911 for reporting police, fire, medical, or other emergency situation;
             (7)      "911 emergency surcharge," any charge set by this chapter and assessed on any service user of any telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service, which physically terminates or originates within the governing body's designated 911 service area. The 911 emergency surcharge shall be assessed and remitted for Interconnected Voice over Internet Protocol and wireless telecommunications service based upon the service user's place of primary use. Notwithstanding any other provision of this chapter and for purposes of the surcharge imposed by this chapter, the surcharge imposed upon wireless telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116-126;
             (8)      "Nonrecurring costs," any capital or start-up expenditure such as telecommunications equipment, software, database, initial training, and the purchase or lease of subscriber names, addresses, and telephone information;
             (9)      "Place of primary use," the street address where the customer's use of the communications service primarily occurs or the customer's registered location on the date the customer is billed;
             (10)      "Prepaid wireless service consumer," any person who purchases prepaid wireless telecommunications service in a retail transaction;
             (11)      "Prepaid wireless service provider," any person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission;
             (12)      "Prepaid wireless service seller," any person who sells prepaid wireless telecommunications service to prepaid wireless service consumer;
             (13)      "Prepaid wireless telecommunications service," any telecommunications service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which are paid for in advance and sold in predetermined units or dollars which decline with use in a known amount;
             (14)      "Public agency," any county or municipality that has adopted an ordinance pursuant to § 34-45-2;
             (15)      "Public safety answering point," any twenty-four hour communications facility which receives all 911 service calls and reroutes the requestor or information to appropriate public or private safety agencies;
             (16)      "Recurring costs," any costs such as network access fee and other telephone charges, software, equipment, database management, maintenance, charges to maintain database of subscriber names, addresses, and telephone information from the local exchange access company. Recurring costs may include personnel expenses for a public safety answering point;
             (17)      "Registered location," the most recent information obtained by an Interconnected Voice over Internet Protocol service provider that identifies the physical location of an end user;
             (18)      "Service provider," any person or entity providing, offering to provide, or selling telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service;
             (19)      "Service supplier," any person or entity who provides or offers to provide 911 system equipment, installation, maintenance, or exchange access services within the 911 service access area;
             (20)      "Service user," any person who purchases telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service in this state without intent for resale;
             (21)      "Service user line," the means by which a service user may place a call to a public safety answering point through the use of a telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service. In the case of multi-station network systems, service user lines shall be equal to the number of calls that can simultaneously be made from such system to the public switched telephone network;
             (22)      "Telecommunications service," the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwave, electromagnetic means, or other similar means. The term does not include the provision of terminal equipment used to originate or terminate such service, broadcast transmissions by radio, television, and satellite stations regulated by the Federal Communications Commission and one-way cable television service;
             (23)      "Wireless telecommunications service," commercial mobile radio service, as such term is defined in 47 C.F.R. 203 as of January 1, 2008.

Source: SL 1989, ch 303, § 1; SL 1992, ch 60 § 2; SL 1993, ch 255, § 1; SL 1995, ch 200; SL 2002, ch 61, § 3; SL 2006, ch 188, §1; SL 2008, ch 176, § 1; SL 2012, ch 188, § 22.


     34-45-2.   Ordinances in effect on January 1, 2012 authorizing 911 emergency reporting system--Surcharge. If the governing body of a public agency had adopted an ordinance authorizing a 911 emergency reporting system which was in effect on January 1, 2012, the ordinance remains in effect for establishing such 911 service area unless amended or repealed by the public agency. Any provision in the ordinance establishing a surcharge is no longer in effect after July 1, 2012.

Source: SL 1989, ch 303, § 2; SL 2008, ch 176, § 2; SL 2012, ch 188, § 1.


     34-45-3.   Costs for installation, maintenance, or operation--Joint agreements among governing bodies. Any governing body may incur any nonrecurring or recurring costs for the installation, maintenance, or operation of a 911 system and may pay such costs in whole or in part from a 911 emergency surcharge. If the 911 system is to be provided for any territory included in the jurisdiction of the governing bodies of two or more public agencies the public agencies may enter into a joint agreement for such service.

Source: SL 1989, ch 303, § 3; SL 2008, ch 176, § 3.


     34-45-4.   Monthly uniform 911 emergency surcharge per service user line. A monthly uniform 911 emergency surcharge of one dollar and twenty-five cents shall be assessed per service user line. The proceeds of the 911 emergency surcharge shall be used to pay for allowable nonrecurring and recurring costs of the 911 system. No 911 emergency surcharge may be imposed upon more than one hundred service user lines or equivalent service, per customer account billed, per month. In the case of multi-station network systems, the service user lines shall be equal to the number of calls that can simultaneously be made from the system to the public switched telephone network. No prepaid wireless telecommunications service is subject to the 911 emergency surcharge imposed under this section.

Source: SL 1989, ch 303, § 4; SL 1990, ch 281; SL 1991, ch 287; SL 1993, ch 255, § 2; SL 2008, ch 176, § 4; SL 2011, ch 163, § 1; SL 2012, ch 188, § 2; SL 2018, ch 208, § 1.


     34-45-4.1.   Repealed by SL 1993, ch 255, § 4.


     34-45-4.2.   Prepaid wireless 911 emergency surcharge. There is hereby imposed a prepaid wireless 911 emergency surcharge of two percent upon the gross receipts of each retail transaction for the purchase of prepaid wireless telecommunications service. The prepaid wireless surcharge shall be collected by the prepaid wireless service seller from the prepaid wireless service consumer during each retail transaction. For purposes of this section, the term, retail transaction, means when the purchase of a prepaid wireless telecommunications service is made in this state or has been determined to be a sale occurring in this state pursuant to § 10-45-108. The amount of the prepaid wireless surcharge shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid wireless service consumer by the prepaid wireless service seller. The service consumer is liable to pay the prepaid wireless surcharge imposed by this section. The prepaid wireless service seller is liable to collect and remit all prepaid wireless surcharges imposed by this section. The prepaid wireless service seller is not liable for any prepaid wireless surcharge imposed by this section if the prepaid wireless service seller is unable to collect the surcharge from the service consumer.
     If the amount of the prepaid wireless surcharge that is imposed by this section is separately stated on an invoice, receipt, or other similar document provided to the prepaid wireless service consumer, the prepaid wireless surcharge may not be included in the base for measuring any other tax, fee, surcharge, or other charge that is imposed by this state or its political subdivisions. If the prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized price, the prepaid wireless surcharge imposed by this section shall apply to the entire non-itemized price unless the prepaid wireless service seller elects to apply the surcharge to:
             (1)      The amount of the prepaid wireless telecommunications service that is disclosed to the prepaid wireless service consumer as a dollar amount including the surcharge imposed by this section; or
             (2)      The prepaid wireless service seller identifies the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business.
     However, if the amount of prepaid wireless telecommunications service sold for a single, non-itemized price with one or more other products or services is denominated as ten minutes or less or as five dollars or less, the prepaid wireless service seller may elect not to collect any prepaid wireless surcharge for such retail transaction.

Source: SL 2012, ch 188, § 3.


     34-45-4.3.   Registration of entity required to collect and remit surcharge. Any entity required to collect and remit the surcharge imposed pursuant to § 34-45-4 or 34-45-4.2 shall register with the Department of Revenue. There is no registration fee. A registration shall be made upon a form prescribed by the secretary of the Department of Revenue and shall set forth the name under which the applicant transacts or intends to transact business, the location of the place of business, and such other information as the secretary may require.
     The department shall issue an identification number to each applicant. This identification number is not assignable and is valid only for the entity to which it was issued. The identification number is valid until canceled or revoked.

Source: SL 2012, ch 188, § 4.


     34-45-5.   Billing and collection of surcharge. Any service user in the state is liable for the applicable 911 emergency surcharge pursuant to § 34-45-4. Any telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider shall collect and remit to the Department of Revenue the applicable 911 emergency surcharge which shall be stated separately in any billing statement, invoice, or receipt.

Source: SL 1989, ch 303, § 5; SL 2008, ch 176, § 5; SL 2012, ch 188, § 5.


     34-45-6.   Surcharge--Liability. Each service user is liable for any charge imposed pursuant to § 34-45-4 until it has been paid to the service provider.

Source: SL 1989, ch 303, § 6; SL 2008, ch 176, § 6.


     34-45-6.1.   Repealed by SL 2012, ch 188, § 6.


     34-45-7.   Liability for collection and payment of service user line surcharges. Each telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider is liable to collect and remit the 911 emergency surcharges imposed by § 34-45-4. The service user is liable for paying the 911 emergency surcharge imposed by § 34-45-4. The service provider is not liable for any 911 emergency surcharge if the service provider is unable to collect the surcharge from the service user.

Source: SL 1989, ch 303, § 7; SL 2008, ch 176, § 7; SL 2012, ch 188, § 7.


     34-45-8.   Repealed by SL 2012, ch 188, § 8.


     34-45-8.1.   Repealed by SL 2008, ch 176, § 9.


     34-45-8.2.   Returns and reports filed electronically--Surcharges remitted by electronic transfer--Release of certain information to public safety answering points. Any entity who is registered pursuant to this chapter or any entity required to collect and remit the surcharges imposed by § 34-45-4 or 34-45-4.2 shall file returns or reports by electronic means on a monthly basis with the Department of Revenue and shall remit the surcharges by electronic transfer on a monthly basis to the department unless the secretary of the Department of Revenue permits an entity to file returns or reports by nonelectronic means and permits an entity to remit surcharges by nonelectronic means. If an entity does not have internet access on the business premises, the secretary of revenue shall permit an entity to file returns or reports by nonelectronic means and permit an entity to remit surcharges by nonelectronic means.
     The Department of Revenue shall provide to the Department of Public Safety 911 emergency surcharge data and information from the returns or reports filed with the Department of Revenue. Notwithstanding any other provision of law, the Department of Public Safety or the Department of Revenue may provide 911 emergency surcharge data and information to a governing body or a public safety answering point only relating to the requesting governing body or public safety answering point. The governing body or public safety answering point may only contact the Department of Public Safety or Department of Revenue with questions relating to the requesting governing body or public safety answering point. Any data or information obtained by a governing body or public safety answering point pursuant to this section is confidential and may not be disclosed by the governing body or public safety answering point.

Source: SL 2012, ch 188, § 9; SL 2018, ch 209, § 1.


     34-45-8.3.   Time for filing monthly return, report, and remittance--Penalty or interest. This section applies to any return, report, or remittance filed pursuant to § 34-45-8.2. For any return or report that is required to be filed by electronic means, the return or report shall be filed by electronic means on or before the twentieth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the return or report is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed.
     For any surcharge that is required to be remitted by electronic transfer, the surcharge shall be remitted on or before the twenty-fifth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed.
     If the secretary of the Department of Revenue permits any entity to file returns or reports by nonelectronic means, permits any entity to remit surcharges by nonelectronic means, or both, pursuant to § 34-45-8.2, any return, report, or remittance which is required to be filed pursuant to § 34-45-8.2 is timely filed if mailed, postage prepaid, on or before the twentieth day of the month following each period, and is received by the department. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the return, report, or remittance is timely filed if mailed, postage prepaid, on the next succeeding day which is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed. A United States Postal Service postmark is evidence of the date of mailing for the purpose of timely filing of returns, reports, or remittances.
     Penalty or interest under § 10-59-6 shall be paid if a return or remittance is not made on time.

Source: SL 2012, ch 188, § 10; SL 2017, ch 65, § 11.


     34-45-8.4, 34-45-8.5.   Repealed by SL 2012, ch 188, § 29, eff. July 1, 2018.


     34-45-8.6.   Distribution of revenue to compliant public agencies and to public safety 911 emergency fund and 911 coordination fund. The Department of Revenue shall transfer the surcharges collected pursuant to §§ 34-45-4 and 34-45-4.2 to the Department of Public Safety. The Department of Public Safety shall remit each month seventy percent of the revenue collected from the 911 emergency surcharges imposed by § 34-45-4 to the public agency where the surcharges were collected. However, if the public safety answering point is not in compliance with the standards for operation and utilization of public safety answering points as determined by the board, the board shall notify the public agency receiving the revenue. If within ninety days the public safety answering point serving the public agency does not become compliant with the standards for operation or utilization or submit a plan to the board to be approved by the board, detailing how the public safety answering point will become compliant, the Department of Public Safety shall withhold the revenue from the public agency. If within one hundred eighty days of the notice given to the public agency, the public safety answering point does not become compliant or receive approval from the board of the plan to become compliant, the revenue collected within the public agency shall be deposited into the public safety 911 emergency fund created pursuant to § 34-45-8.7. If within one hundred eighty days of the notice given to the public agency, the public safety answering point becomes compliant or receives approval from the board of a plan to become compliant, any revenue to the public agency withheld by the department shall be remitted to the public agency.
     The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the distribution. The Department of Public Safety shall deposit thirty percent of the revenue collected from the 911 emergency surcharges imposed by § 34-45-4 into the public safety 911 emergency fund created pursuant to § 34-45-8.7. The Department of Public Safety shall deposit all of the revenue collected from the prepaid wireless service surcharge imposed by § 34-45-4.2 into the South Dakota 911 coordination fund created pursuant to § 34-45-12.

Source: SL 2018, ch 208, § 2.


     34-45-8.7.   Public safety 911 emergency fund--Distributions to compliant public safety answering points and 911 coordination fund. There is hereby created within the state treasury the public safety 911 emergency fund. Any money in the public safety 911 emergency fund is continuously appropriated for distribution as provided in this section. A public safety answering point is eligible to receive a distribution from the public safety 911 emergency fund if the public safety answering point is in compliance with the standards for operation and utilization of public safety answering points as determined by the board and either serves a population of more than thirty thousand or covers an area that includes three or more counties. The board shall notify each public safety answering point when the list of public safety answering points eligible for funding pursuant to this section changes. The Department of Public Safety shall:
             (1)      Distribute twenty-six percent of the money deposited in the fund based on the ratio of the population of each eligible public safety answering point to the population of all the eligible public safety answering points; and
             (2)      Transfer seventy-four percent of the money deposited in the fund to the South Dakota 911 coordination fund.
     The Department of Public Safety shall base the allocation of money for population on the most recent decennial census of the United States Department of Commerce, Bureau of the Census and the population estimate published by the United States Census Bureau for each year ending in five. The Department of Public Safety shall make distributions from the public safety 911 emergency fund each quarter. The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public safety answering point its share of the distribution.

Source: SL 2018, ch 208, § 3.


     34-45-9.   Administration costs. The service provider and prepaid wireless service seller may deduct and retain two percent of the collected amount or twenty-five dollars, whichever amount is greater, each month as the cost of administration for collecting the surcharge imposed by §§ 34-45-4 and 34-45-4.2. No service provider or prepaid wireless service seller may deduct or retain the amount authorized by this section if the service provider or prepaid wireless service seller does not, in accordance with §§ 34-45-8.2 and 34-45-8.3, timely file the return or report due by electronic means or does not timely remit the surcharge due by electronic means.

Source: SL 1989, ch 303, § 9; SL 1995, ch 201; SL 2008, ch 176, § 10; SL 2012, ch 188, § 13; SL 2013, ch 163, § 1.


     34-45-9.1.   Retention of surcharges by prepaid wireless service seller during first three months. The prepaid wireless service seller may retain all the surcharges imposed by § 34-45-4.2 during the first three months this surcharge is effective. However, the prepaid wireless service seller shall report the collections retained during this month to the Department of Revenue.

Source: SL 2012, ch 188, § 14.


     34-45-10.   Repealed by SL 2012, ch 188, § 15.


     34-45-11.   Contracts for administration of 911 service. Any governing body imposing the charge authorized by §§ 34-45-3 and 34-45-4 may enter into an agreement directly with the service supplier of the 911 system or may contract and cooperate with any public agency or with other states or their political subdivision for the administration of a 911 system as provided by law.

Source: SL 1989, ch 303, § 11.


     34-45-12.   911 coordination fund--Distributions to public safety answering points. There is hereby created within the state treasury the South Dakota 911 coordination fund. Any funds collected from prepaid wireless telecommunications service pursuant to § 34-45-4.2 shall be deposited in the South Dakota 911 coordination fund. Any money in the South Dakota 911 coordination fund is continuously appropriated for reimbursement of allowable nonrecurring and recurring costs of 911 service and operating expenses of the board. The board shall authorize disbursements from the fund pursuant to this chapter for the expenses of the board and for approved nonrecurring and recurring costs requested by the governing body of eligible 911 public safety answering points. The board may solicit proposals to coordinate and implement an upgrade to the 911 emergency service system of all public safety answering points. The funds may be disbursed for the purpose of planning, coordinating, purchasing, installing, maintaining, and operating, an upgrade to the 911 emergency services system. Any interest earned on money in the fund shall be credited to the fund.

Source: SL 1989, ch 303, § 12; SL 2008, ch 176, § 12; SL 2010, ch 179, § 2; SL 2012, ch 188, § 16.


     34-45-13.   Pay telephone--No coins required to dial 911. When any 911 system becomes operational or as soon as feasible thereafter, each provider or other owner or lessee of a pay station telephone to be operated within the 911 service area shall convert each telephone to permit a caller to dial 911 without first inserting a coin or paying any other charge and prominently display on each pay telephone a notice advising callers to dial 911 in an emergency and that deposit of a coin is not required. No person may install or offer for use within the 911 service area any pay station telephone unless the telephone is capable of facilitating a 911 call without prior insertion of a coin or payment of any other charge and unless the telephone displays notice of free 911 service.

Source: SL 1989, ch 303, § 13.


     34-45-14.   Private listings furnished to 911 system. Any private listing subscriber in 911 service area shall waive the privacy afforded by nonlisted or nonpublished numbers to the extent that the name and address associated with the telephone number may be furnished to the 911 system, for call routing, for automatic retrieval of location information, and for associated emergency services.

Source: SL 1989, ch 303, § 14.


     34-45-15, 34-45-16.   Repealed by SL 1992, ch 252, § 4.


     34-45-17.   Immunity from liability. The 911 emergency reporting system provided by this chapter is within the governmental powers and authority of the governing body or public agency. In contracting for the 911 emergency reporting system or the provisioning of the 911 service, except for willful or wanton negligence or intentional acts, the board, the governing body, the public agency, the service provider, the prepaid wireless service provider, the prepaid wireless service seller, and the service supplier, their employees and agents, are immune from liability for a failure in the use or operation of the 911 system. The immunity provided by this section does not extend to the installation or maintenance of the 911 system.

Source: SL 1992, ch 253; SL 2008, ch 176, § 13; SL 2010, ch 179, § 3; SL 2012, ch 188, § 17.


     34-45-18.   911 Coordination Board established. There is hereby established the South Dakota 911 Coordination Board. The board shall set minimum standards for operation of public safety answering points, determine criteria for reimbursement for nonrecurring costs and the amount of reimbursement, and oversee the coordination of 911 services within the state.

Source: SL 1998, ch 214, § 1; SL 2008, ch 176, § 14.


     34-45-18.1.   Board representatives. The South Dakota 911 Coordination Board created pursuant to § 34-45-18 shall consist of representatives from each of the following groups as appointed by the Governor for three-year terms, the initial appointments shall be for staggered terms:
             (1)      One representative of the South Dakota Chapter of the Association of Public Safety Communication Officials;
             (2)      One representative of the Dakota Chapter of the National Emergency Number Association;
             (3)      Two representatives who are South Dakota service providers;
             (4)      One representative who is an employee of the South Dakota Department of Public Safety;
             (5)      Two representatives of the South Dakota Association of County Commissioners;
             (6)      Two representatives of the South Dakota Municipal League;
             (7)      One representative of the South Dakota Police Chiefs Association; and
             (8)      One representative of the South Dakota Sheriffs Association.
     The Governor shall be provided with a list of ten persons for each board position from each group represented. The Governor has the authority to reject any or all names provided. The Governor may also remove any person appointed to the board at any time without cause. The board may conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points.

Source: SL 1999, ch 177, § 3; SL 2008, ch 176, § 15.


     34-45-18.2.   Promulgation of rules regarding operational standards, coordination of service, and expenditures. The board may promulgate rules pursuant to chapter 1-26 setting:
             (1)      Minimum technical, operational, and procedural standards for the operation and utilization of a public safety answering point;
             (2)      Requirements and amounts for reimbursement of recurring and nonrecurring costs;
             (3)      Standards for coordination of effective 911 service on a statewide basis; and
             (4)      Allowable expenditures of the 911 emergency surcharge proceeds collected pursuant to § 34-45-4.
     No public safety answering point may be required to comply with the provisions of ARSD 50:02:04:02(2), unless the next generation 911 initiative has been implemented. The board shall determine when the next generation 911 initiative is operational. The board shall notify each public safety answering point not complying with the provisions of this rule when this determination has been made. The public safety answering point shall comply with the provisions of the rule within ninety days. However, any public safety answering point that submits a written request to the board to opt out of the provisions of ARSD 50:02:04:02(2) may only receive seventy-five cents of each surcharge assessed pursuant to § 34-45-4 that is to be remitted such public safety answering point. The remaining surcharge assessment shall be deposited in the public safety 911 emergency fund.

Source: SL 1999, ch 177, § 4; SL 2008, ch 176, § 16; SL 2010, ch 179, § 5; SL 2011, ch 163, § 2; SL 2012, ch 188, § 18.


     34-45-18.3.   Repealed by SL 2008, ch 176, § 17.


     34-45-18.4.   Future public safety points to consist of two or more local government entities. Beginning on July 1, 1999, no new public safety answering points may be established, unless they include two or more local government entities. Nothing in this section prohibits an unserved area from contracting or joining with an existing public safety answering point.

Source: SL 1999, ch 177, § 6.


     34-45-18.5.   State may contract with public safety answering point for emergency services. The state may contract with any existing public safety answering point to provide emergency services pursuant to the joint powers provisions of chapter 1-24.

Source: SL 1999, ch 177, § 7.


     34-45-18.6.   Record keeping by service providers and prepaid wireless service sellers. Any service provider collecting and remitting the surcharge imposed by § 34-45-4 or prepaid wireless service seller collecting and remitting the surcharge imposed by § 34-45-4.2 shall keep records of all receipts and telecommunications service sales. The records are, at all times during business hours of the day, subject to inspection by the Department of Revenue to determine the amount of surcharge due. The records shall be preserved for a period of three years unless the secretary of the Department of Revenue, in writing, authorized their destruction or disposal at an earlier date.

Source: SL 2012, ch 188, § 19.


     34-45-18.7.   Promulgation of rules regarding returns, records, and audits. The secretary of the Department of Revenue may promulgate rules, pursuant to chapter 1-26, concerning:
             (1)      The filing of returns and payment of the surcharges imposed by this chapter;
             (2)      Determining the application of the surcharges imposed by this chapter;
             (3)      Record-keeping requirements; and
             (4)      Determining auditing methods.

Source: SL 2012, ch 188, § 20.


     34-45-18.8.   Prohibited conduct--Misdemeanor. Any person who:
             (1)      Makes any false or fraudulent return in attempting to defeat or evade the surcharge imposed by § 34-45-4 or 34-45-4.2 is guilty of a Class 1 misdemeanor;
             (2)      Fails to pay the surcharge collected pursuant to the provisions of this chapter within sixty days from the date the surcharge becomes due is guilty of a Class 2 misdemeanor;
             (3)      Fails to keep the records required by this chapter or refuses to exhibit these records to the Department of Revenue for the purpose of examination is guilty of a Class 2 misdemeanor;
             (4)      Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 2 misdemeanor;
             (5)      Willfully violates any rule of the secretary for the administration and enforcement of the provisions of this chapter is guilty of a Class 2 misdemeanor; or
             (6)      Fails to submit a 911 emergency surcharge registration after having been notified in writing by the secretary of the Department of Revenue that the person is subject to the provisions of this chapter is guilty of a Class 2 misdemeanor. However, it is not a violation of this subdivision if the person submits a registration and meets all lawful prerequisites for registering within ten days from receipt of written notice from the secretary.
     For purposes of this section, the term, person, includes corporate officers, member-managers or managers of limited liability companies, or partners that control, supervise, or are charged with the responsibility of filing the returns or remitting the payments pursuant to this chapter.

Source: SL 2012, ch 188, § 21.


     34-45-19.   Board attached to Department of Public Safety--Coordinator. The board is attached to the Department of Public Safety for administrative purposes. The department shall assist the board and coordinate the development of the coordinated statewide 911 system. The board may employ a 911 coordinator within the department to assist with the coordination of the statewide 911 system.

Source: SL 1998, ch 214, § 2; SL 2008, ch 176, § 18.


     34-45-20.   Board duties. The board shall:
             (1)      Evaluate all of the current public safety answering points and systems throughout the State of South Dakota for their capability to adequately and efficiently administer systems;
             (2)      Develop plans for the implementation for a uniform statewide 911 system covering the entire state or so much as is practicable;
             (3)      Monitor the number and location of public safety answering points or systems and the use of 911 emergency surcharge funds in their administrative and operational budgets;
             (4)      Develop criteria and minimum standards for operating and financing public safety answering points or systems;
             (5)      Develop criteria for the eligibility and amount of reimbursement of recurring and nonrecurring costs of public safety answering points or systems;
             (6)      Develop criteria for the implementation of performance audits of the use of the 911 fees utilized in the operation of the 911 system. The audit shall be conducted by the Department of Legislative Audit and shall be presented to the board and the Legislature;
             (7)      Report annually to the Government Operations and Audit Committee about the operations and findings of the board and any recommendations for changes in the surcharges imposed by this chapter and the distribution of the revenue; and
             (8)      Report annually to the Governor and the Legislature about the operations and findings of the board and any recommendations for changes to 911 service in the state.

Source: SL 1998, ch 214, § 3; SL 2008, ch 176, § 19; SL 2012, ch 188, § 23.


     34-45-21.   911 financial information. Each 911 emergency reporting system created by a governing body of a public corporation pursuant to an ordinance authorized by § 34-45-2 shall cooperate fully with the board and provide operational and financial information in a timely manner as prescribed by the board.

Source: SL 1998, ch 214, § 4; SL 2010, ch 179, § 4.


     34-45-22.   "911 Telecommunicator" defined. The term, 911 telecommunicator, as used in §§ 34-45-22 to 34-45-32, inclusive, means any employee of the state, or any political subdivision thereof, whose primary full-time or part-time duties are receiving, processing, and transmitting public safety information received through a 911 emergency reporting system as defined in § 34-45-1.

Source: SL 1998, ch 142, § 1.


     34-45-23.   "Commission" defined. The term, commission, as used in §§ 34-45-22 to 34-45-32, means the Law Enforcement Officers Standards Commission created pursuant to §§ 23-3-28 and 23-3-30.

Source: SL 1998, ch 142, § 2.


     34-45-24.   Training required for employment. No person may be appointed as a 911 telecommunicator, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of 911 telecommunicator training at a school approved by the commission. No 911 telecommunicator may be employed on a temporary or probationary basis beyond one year if the telecommunicator lacks the educational and training qualifications required by the commission. However, in municipalities of the third class, a 911 telecommunicator's probationary period may be extended for one additional year.

Source: SL 1998, ch 142, § 3.


     34-45-25.   Effective date. The effective date of § 34-45-24 is July 1, 1999.

Source: SL 1998, ch 142, § 4.


     34-45-26.   Qualifications for employment and training. The commission shall, by rules promulgated pursuant to chapter 1-26, establish qualifications for the employment and training of 911 telecommunicators which relate to the competence and reliability of a person to assume and discharge the responsibilities of a 911 telecommunicator. The qualifications shall include minimum age, education standards, physical standards, mental standards, citizenship, character, competence, experience, and reliability. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the means by which a person may demonstrate fulfillment of the qualifications.

Source: SL 1998, ch 142, § 5.


     34-45-27.   Commission reserves right to refuse application. Notwithstanding §§ 23A-27-14 and 23A-27-17, the commission may refuse the application of any person who seeks certification as a 911 telecommunicator or may revoke the certification of any 911 telecommunicator if the person or the 911 telecommunicator has received an order pursuant to § 23A-27-13.

Source: SL 1998, ch 142, § 6.


     34-45-28.   Prior requirements sufficient for continued employment. The Legislature finds that any person serving as a 911 telecommunicator on July 1, 1999, meets any requirements established pursuant to § 34-45-26 as a condition of tenure or continued employment and no further evidence of qualifications may be required by the commission.

Source: SL 1998, ch 142, § 7.


     34-45-29.   Promulgation of rules regarding training and certification--Establishment of criteria for revocation or suspension of certification. The commission may promulgate rules pursuant to chapter 1-26:
             (1)      To require the submission of reports and information by a public safety answering point, as defined by subdivision 34-45-1(10), within this state;
             (2)      To establish minimum educational and training standards for admission to temporary or probationary employment as a 911 telecommunicator;
             (3)      To certify persons as being qualified as 911 telecommunicators under the provisions of §§ 34-45-22 to 34-45-30, inclusive;
             (4)      To establish criteria and procedure for the revocation or suspension of the certification of 911 telecommunicators who are convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause or engaged in conduct unbecoming a 911 telecommunicator;
             (5)      Establish minimum curriculum requirements for preparatory, in-service and advanced courses and programs.

Source: SL 1998, ch 142, § 8.


     34-45-30.   Responsibilities of the commission. The commission may:
             (1)      Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and other institutions concerning the development of 911 telecommunicator training;
             (2)      Make or encourage studies of any aspect of 911 telecommunicator administration;
             (3)      Conduct and stimulate research by public and private agencies which shall be designed to improve 911 telecommunicator training and administration;
             (4)      Make recommendations concerning any matter within its purview pursuant to §§ 34-45-22 to 34-45-32, inclusive;
             (5)      Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 34-45-22 to 34-45-32, inclusive;
             (6)      Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 34-45-22 to 34-45-32, inclusive.

Source: SL 1998, ch 142, § 9.


     34-45-31.   Creation of a 911 telecommunicator training fund. There is hereby created within the state treasury the 911 telecommunicator training fund into which shall be deposited moneys as provided by § 23-3-53. All moneys in the fund created by this section are continuously appropriated for the purposes of training and certifying of 911 telecommunicators. The Division of Criminal Investigation shall authorize disbursements from the fund.

Source: SL 1998, ch 142, § 11.


     34-45-32.   Training programs established. The commission shall establish and maintain 911 telecommunicator basic, advanced, and in-service training programs.

Source: SL 1998, ch 142, § 13.


     34-45-33.   Repealed by SL 2005, ch 194, § 1.


     34-45-34.   Enhanced 911 service. No later than July 1, 2010, each governing body and 911 system shall provide enhanced 911 service.

Source: SL 2008, ch 176, § 20.


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