Title 34, PUBLIC HEALTH AND SAFETY

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.

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 § 23-3-53 . All moneys in the fund created by this section are continuously appropriated for the purposes of training and certifying of 911…

The commission shall establish and maintain 911 telecommunicator basic, advanced, and in - service training programs. Source: SL 1998, ch 142 , § 13. 34-45-33

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…

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 § 34-45-4 . Any telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider shall collect and remi…

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.

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…

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…

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 …

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 …

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 distributi…

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 s…

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. S…

Terms used in this chapter mean: (1) "Electronic smoking device," any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling…

The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants: (1) Community based programs; (2) School based programs; (3) State - wide programs; (4) Cessation programs; (5) Public education and counter marketing; (6) En…

The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated by t…

Terms used in this section and §§ 34-46-14 to 34-46-19 , inclusive, mean: (1) "Enclosed area," any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows; (2) "Place of employment," any enclosed area un…

No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense. Source: SL 2009, ch 171 , § 1, approved eff. Nov. 10, 2010; SL 2019, ch 155 , § 2.

Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating § 34-46-14 of the provisions thereof. A violation of this section is a petty offense. Source: SL 2009, ch 171 , § 2, approved eff. Nov. 10, 2010.

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any private residence unless the private residence is used for day care. Source: SL 2009, ch 171 , § 4, approved eff. Nov. 10, 2010.

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(7) or (9), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall…

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements: (1) Generates ten pe…

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any retail tobacco store that meets the following requirements: (1) Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products; (2) Is…

The following actions are unlawful: (1) To knowingly sell or distribute a tobacco product to a person under the age of twenty-one; (2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of…

A merchant shall conspicuously post a notice, on the merchant's premises, stating that "No person under the age of 21 may be sold tobacco products." Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in …

For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means,…

No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is: (1) A vending machine permitted unde…

A board of county commissioners may approve a license to operate a cigar bar outside of the boundary of a municipality, within its jurisdiction. A governing body of a municipality may approve a license to operate a cigar bar within its jurisdiction. Source: SL 2026, ch 154 , § 1.

A person may apply to a county or municipality for a license to operate a cigar bar on the same premises as an establishment licensed under subdivision 35-4-2 (4), (6), (12), or (16). The governing body of the county or municipality shall hold a public hearing and make a final de…

To be eligible for a license issued pursuant to § 34-46-22 , the establishment must: (1) Have a humidor on the premises; (2) Be enclosed by solid walls or windows, a solid ceiling, and a solid door; (3) Be equipped with a ventilation system so that exhausted air is not recirculat…

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to the premises of an establishment licensed pursuant to § 34-46-22 , except as provided in this section. An establishment licensed pursuant to § 34-46-22 to operate a cigar bar may permit the smoking of cigars p…

The governing body of a county or municipality may revoke or suspend a license to operate a cigar bar upon proof that: (1) The licensee does not meet the requirements provided in § 34-46-24 ; (2) The licensee, or an agent or employee acting on behalf of the licensee, has violated…

Prior to taking action pursuant to § 34-46-26 , the governing body of the county or municipality shall hold a hearing. The governing body shall: (1) Provide notice of the hearing to the licensee, at the address given on the license, at least thirty days prior to the date of the h…