Title 34 — PUBLIC HEALTH AND SAFETY

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 prep…

Source: SL 1998, ch 142 , § 2.

The Division of Criminal Investigation shall authorize disbursements from the fund. Source: SL 1998, ch 142 , § 11.

Source: SL 1998, ch 142 , § 6.

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 …

Repealed by SL 2012, ch 188 , § 15.

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 administra…

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 c…

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 pa…

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 l…

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 negligenc…

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…

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 …

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; …

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 Pro…

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: S…

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.

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…

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 r…

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 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 coor…

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 provi…

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 cove…

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: S…

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 th…

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

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…

The effective date of § 34-45-24 is July 1, 1999. Source: SL 1998, ch 142 , § 4.

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 telecommunicato…

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 pursu…

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:…

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 ad…

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 jurisd…

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 telecommunicato…

There is hereby created within the state treasury the 911 telecommunicator training fund into which shall be deposited moneys as provided by §

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. 34-45-35 Call location information--Provision to law enforcement--Emergency.

No later than July 1, 2010, each governing body and 911 system shall provide enhanced 911 service. Source: SL 2008, ch 176 , § 20.

A law enforcement agency or any public safety answering point on behalf of a law enforcement agency may request, from a wireless telecommunications carrier, information regarding the location of a telecommunications device, if the highest ranking person on duty at the agency auth…

A monthly uniform 911 emergency surcharge of two dollars must be assessed per service user line. The proceeds of the 911 emergency surcharge must be used to pay for allowable nonrecurring and recurring costs of the 911 system. No 911 emergency surcharge may be imposed upon more t…

34-45-4.2 Prepaid wireless 911 emergency surcharge. 34-45-4.3 Registration of entity required to collect and remit surcharge. 34-45-4.4 Public safety answering point--Annual report to board--Promulgation of rules. 34-45-5 Billing and collection of surcharge. 34-45-6 Surcharge--Li…

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 …

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 sha…

Each governing body of a public safety answering point shall submit an annual report to the board by March thirty-first of each year. The report must cover the period of January first through December thirty-first immediately preceding the report deadline and be available for pub…

Any service user in the state is liable for the applicable 911 emergency surcharge pursuant to §

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.

Repealed by SL 2012, ch 188 , § 6.

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 §

34-45-8.1. 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. 34-45-8.3 Time for filing monthly return, report, and remittance--Penalty or interest. 34-45-8.4 34-45-8.4 , 34-45-8.5…