34-45-8.6. Distribution of revenue to compliant public agencies and to public safety 911 emergency fund and 911 coordination fund. 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 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 shall withhold the revenue from 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 from 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 § 34-45-8.7. If within one hundred eighty days of the notice given to the public agency, the public safety answering point becomes compliant or receives approval from the board of a plan to become compliant, any revenue to the public agency withheld by the department shall be remitted to the public agency.

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 § 34-45-8.7. 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.

Source: SL 2018, ch 208, § 2.