1-13-1      Bureau of Information and Telecommunication to operate state communications system--Department of Public Safety to operate law enforcement telecommunications system.
1-13-1.1      Functions of State Radio Communications transferred to Bureau of Information and Telecommunications.
1-13-2      Towers, repeater stations, and subheadquarters authorized.
1-13-3      Employment of personnel and equipment--Maintenance and operating costs.
1-13-4      Radio communications fund as continuing fund.
1-13-5      Federal funds--Acceptance and use.
1-13-6      Local law enforcement officers to be furnished receiving sets.
1-13-7      Officers with receiving sets to report to bureau.
1-13-8      Dispatches and reports to be broadcast.
1-13-9      Priority of messages to broadcasting station--Misdemeanor.
1-13-10      False report to broadcasting station as misdemeanor.
1-13-11      Unified data network authorized--Equipment purchased or leased.
1-13-12      Department and attorney general to receive necessary equipment.
1-13-13      County sheriffs to receive necessary equipment.
1-13-14      Municipal participation in law enforcement telecommunications system.
1-13-15      Participation by other law enforcement agencies.
1-13-16      Promulgation of rules.
1-13-17      Termination of service for risk of security or privacy violation.

1-13-1. Bureau of Information and Telecommunication to operate state communications system--Department of Public Safety to operate law enforcement telecommunications system.

The Bureau of Information and Telecommunications may purchase the necessary apparatus and equipment to construct or establish a state communications system which shall be used solely for the transmission of business and information for state, federal, and local government and other public safety entities. The bureau may also purchase receiving sets in such quantities as may be most economical to facilitate the speedy transmission of messages and state information.

The bureau is charged with the operation and maintenance of the state communications system. However, the Department of Public Safety shall operate and maintain the South Dakota law enforcement telecommunications system.

Source: SDC 1939, § 55.1608; SL 1999, ch 177, § 8; SL 2004, ch 8, § 1; SL 2015, ch 5, § 1.

1-13-1.1. Functions of State Radio Communications transferred to Bureau of Information and Telecommunications.

The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Bureau of Information and Telecommunications to the Department of Public Safety.

Source: SL 1999, ch 177, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 77.

1-13-2. Towers, repeater stations, and subheadquarters authorized.

The Bureau of Information and Telecommunications may locate, construct, establish, equip, and maintain such towers, repeater stations, and subheadquarters as may be necessary, and for such purpose may acquire by purchase, lease, or condemnation all necessary sites and locations in order to install, establish, and operate a state communications system as provided by this chapter.

Source: SL 1945, ch 321, §§ 1, 5; SDC Supp 1960, § 55.1608-1; SL 1999, ch 177, § 9.

1-13-3. Employment of personnel and equipment--Maintenance and operating costs.

The Bureau of Information and Telecommunications may employ such operators and assistants and such equipment necessary to carry out the provisions of this chapter. The costs of maintaining and operating a state voice communications system and all receiving sets owned or operated by the bureau shall be paid out of the appropriation for the bureau. The costs for operation and maintenance of the South Dakota law enforcement telecommunications system shall be paid out of the radio communications fund.

Source: SDC 1939, § 55.1613; SL 1999, ch 177, § 10; SL 2015, ch 5, § 2.

1-13-4. Radio communications fund as continuing fund.

An unexpended balance remaining in the radio communications fund at the end of any fiscal year shall not revert but shall remain in said fund and be available for expenditure during the succeeding fiscal year.

Source: SL 1945, ch 321, § 5; SDC Supp 1960, § 55.1608-1.

1-13-5. Federal funds--Acceptance and use.

The Bureau of Information and Telecommunications and the Department of Public Safety may apply for, accept, and expend on behalf of the state communications system any appropriations, grants, matching funds, or moneys allotted to the State of South Dakota by the federal government pursuant to any act of Congress of the United States. The funds so received by the State of South Dakota shall be administered and expended under the supervision of the bureau or the department to purchase the necessary apparatus and equipment for new construction and equipment improvements in the state communications system. Such funds shall be deposited in the state treasury to be paid out on warrants drawn by the state auditor on vouchers approved by the commissioner of the bureau or the secretary of public safety.

Source: SL 1966, ch 189; SL 1999, ch 177, § 11; SL 2015, ch 5, § 3.

1-13-6. Local law enforcement officers to be furnished receiving sets.

Each county within the state shall furnish to its sheriff and deputy sheriff a receiving set which shall be maintained at the expense of the county, and which shall be paid for and shall be the property of the county. All automobiles used by police officers of any municipality, whether publicly or privately owned, shall be equipped with receiving sets at the expense of such municipality. The Bureau of Information and Telecommunications may sell to any county, municipality receiving sets purchased by the bureau, without any profit to the state or to the bureau and the funds received from such sale shall be credited by the state treasurer to the bureau.

Source: SDC 1939, § 55.1609; SL 1992, ch 60, § 2; SL 1999, ch 177, § 12.

1-13-7. Officers with receiving sets to report to bureau.

Every sheriff, deputy sheriff, police officer, or other person securing a receiving set under the provisions of this chapter, shall make a report to the Bureau of Information and Telecommunications at such times and containing such information as the bureau shall require by rules promulgated pursuant to chapter 1-26.

Source: SDC 1939, § 55.1610; SL 1999, ch 177, § 13.

1-13-8. Dispatches and reports to be broadcast.

The Department of Public Safety shall broadcast all police dispatches and reports submitted, which have a reasonable relation to, or connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace and order in the state. The department shall also broadcast any other statement or report upon request of any constitutional officer, or the head of any state department, providing such message relates to state business.

Source: SDC 1939, § 55.1610; SL 1999, ch 177, § 14; SL 2015, ch 5, § 4.

1-13-9. Priority of messages to broadcasting station--Misdemeanor.

Every telegraph and telephone company operating in this state shall give priority to all messages or calls directed to the state radio broadcasting station established by this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §§ 55.1611, 55.9907; SL 1980, ch 24, § 3.

1-13-10. False report to broadcasting station as misdemeanor.

Whoever intentionally makes any false, misleading, or unfounded reports to the state radio broadcasting station for the purpose of interfering with the operation thereof, or with the intention of misleading any agent of the attorney general's office or peace officers of this state, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 55.9909; SL 1980, ch 24, § 4.

1-13-11. Unified data network authorized--Equipment purchased or leased.

The Department of Public Safety may operate and maintain a unified data network to interconnect various law enforcement agencies in South Dakota by written communications. The department may also purchase or lease the necessary apparatus and equipment to construct, maintain, and control the law enforcement communications network.

Source: SL 1975, ch 11, § 1; SL 2001, ch 7, § 1; SL 2015, ch 5, § 5.

1-13-12. Department and attorney general to receive necessary equipment.

The state shall furnish to the Department of Public Safety and the Office of the Attorney General all the necessary equipment.

Source: SL 1975, ch 11, § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2015, ch 5, § 6.

1-13-13. County sheriffs to receive necessary equipment.

Each county within the state shall furnish to the sheriff of that county a data terminal and other necessary equipment of a type specified by the Department of Public Safety.

Source: SL 1975, ch 11, § 2; SL 2001, ch 7, § 2; SL 2015, ch 5, § 7.

1-13-14. Municipal participation in law enforcement telecommunications system.

Any first or second class municipality may apply to participate in the South Dakota law enforcement telecommunications system. If the application is approved by the Department of Public Safety, the participating municipality shall furnish its police department with a data terminal and other necessary equipment of a type specified by the department.

Source: SL 1975, ch 11, § 3; SL 1992, ch 60, § 2; SL 2001, ch 7, § 3; SL 2015, ch 5, § 8.

1-13-15. Participation by other law enforcement agencies.

The Department of Public Safety may authorize other law enforcement agencies to participate in the South Dakota law enforcement telecommunications system upon such terms and conditions as are necessary to protect the security of the network.

Source: SL 1975, ch 11, § 5; SL 2015, ch 5, § 9.

1-13-16. Promulgation of rules.

The Department of Public Safety may adopt rules, pursuant to chapter 1-26, establishing procedures for operation, maintenance, and control of the South Dakota law enforcement telecommunications system.

Source: SL 1975, ch 11, § 7; SL 2015, ch 5, § 10.

1-13-17. Termination of service for risk of security or privacy violation.

The Department of Public Safety shall terminate service to any installation on the South Dakota law enforcement telecommunications system if the department determines that there is a risk of violation of the security or privacy restriction imposed by state or federal statutes.

Source: SL 1975, ch 11, § 6; SL 2015, ch 5, § 11.