2017 Session Laws

CHAPTER 162

(SB 113)

The 911 emergency surcharge revenue, revised.


        ENTITLED, An Act to require certain provisions to be met before distribution of the 911 emergency surcharge revenue and to revise the effective date for the sunset clause provisions that lower the 911 emergency surcharge and revise the method of distributing funds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 34-45-8.4 be amended to read:

    34-45-8.4. 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, which has adopted an ordinance pursuant to § 34-45-2, 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 may not remit the revenue to 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 by 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 § 34-45-8.5.

    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 § 34-45-8.5. 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.

    Section 2. That section 28 of chapter 188 of the 2012 Session Laws be amended.

    Section 28. Sections 24 to 26, inclusive, are effective on July 1, 2018 2019.

     Signed March 10, 2017
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