FOR AN ACT ENTITLED, An Act to require the training and certification of 911 telecommunicators, to increase certain liquidated costs, and to appropriate that increase for such training and certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  The term, 911 telecommunicator, as used in this Act, 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.
     Section  2.  The term, commission, as used in this Act, means the Law Enforcement Officers Standards Commission created pursuant to § §  23-3-28 and 23-3-30.
     Section  3.  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.
     Section  4.  The effective date of section 3 of this Act is July 1, 1999.
     Section  5.  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.
     Section  6.  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.
     Section  7.  The Legislature finds that any person serving as a 911 telecommunicator on July 1, 1999 meets any requirements established pursuant to section 5 of this Act as a condition of tenure or continued employment and no further evidence of qualifications may be required by the commission.
     Section  8.  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 this Act ;

             (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.
     Section  9.  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 schools and programs or courses of instruction;

             (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 this Act;

             (5)      Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of this Act;

             (6)      Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this Act.
     Section  10.  That § 23-3-52 be amended to read as follows:
     23-3-52.   In addition to any other penalty, assessment or fine provided by law, there shall be levied liquidated costs in the amount of nineteen twenty dollars for partial reimbursement to

state government and its subdivisions for law enforcement and judicial expenses incurred in providing the personnel, training and facilities relative to the criminal justice system and to the 911 emergency reporting system , on each conviction for the following:

             (1)      Violation of state statutes or regulations having criminal penalties; or

             (2)      Violation of county or municipal ordinances.

     If a fine is suspended in whole or in part, the liquidated costs for law enforcement and training may not be reduced, except that the judge may waive all or any part of the payment of liquidated costs which would work a hardship on the person convicted or on his the person's immediate family.
     Section  11.  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.
     Section  12.  That § 23-3-53 be amended to read as follows:
     23-3-53.   After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit such amount monthly to the state treasurer. The state treasurer shall place fifteen dollars of the nineteen dollar twenty-dollar fee into the law enforcement officers training fund, three dollars of the nineteen dollar twenty-dollar fee into the court appointed attorney and public defender payment fund , one dollar of the twenty-dollar fee into the 911 telecommunicator training fund, and one dollar of the nineteen dollar twenty-dollar fee into the abused and neglected child defense fund.
     Section  13.  The commission shall establish and maintain 911 telecommunicator basic, advanced, and in-service training programs.

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     Section  14.  That § 23-3-46 be amended to read as follows:
     23-3-46.   The Division of Criminal Investigation, Office of Attorney General, is hereby designated as the agency in state government to co-ordinate and administer all programs under § §  23-3-26 to 23-3-47, inclusive , and this Act .

     Selection and payment of personnel to implement training and other programs authorized by said these sections will be is the responsibility of the Division of Criminal Investigation.