AMENDMENT FOR PRINTED BILL
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___________________ moved that SB 174 be amended as follows:
On page 1 of the printed bill, delete lines 6 to 9, inclusive, and insert:
" Section 1. That § 34-45-2 be amended to read as follows:
34-45-2. The governing body of a public corporation may by ordinance authorize a 911
emergency reporting system. The ordinance shall include a description of the proposed 911 service
area. 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for establishing such 911 service area unless amended or repealed by the public agency.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
provision in the ordinance establishing a surcharge is no longer in effect after July 1, 2012. ".
On page 3, delete lines 20 to 24, inclusive, and insert "Any entity required to collect and remit
the surcharge imposed pursuant to § 34-45-4 or section 3 of this Act 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 shall set forth the name under which
the applicant transacts or intends to transact business, the location of the place of business, and such
other information as the secretary may require.
The department shall issue an identification number to each applicant. This identification number
is not assignable and is valid only for the entity to which it was issued. The identification number
is valid until canceled or revoked.".
On page 4, delete lines 1 to 4, inclusive.
On page 5, line 7, after "collect" insert "the surcharge".
On page 5, line 19, delete "holds a license issued" and insert "is registered".
On page 6, line 1, delete "premise" and insert "business premises".
On page 7, line 8, after "remit" insert "each month".
On page 7, line 10, after "." insert "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.".
On page 7, line 13, delete "surcharges" and insert "surcharge".
On page 7, line 14, after "into" insert "the".
On page 8, line 5, after ";" insert "and".
On page 8, delete lines 6 to 9, inclusive, and insert "(2) Transfer seventy-four percent of the
money deposited in the fund to the South Dakota 911".
On page 9, line 2, before "three" insert "first".
On page 10, line 22, overstrike "A public safety answering point shall comply with ARSD
50:02:04:02(2)".
On page 11, line 3, delete "by July 1, 2015." and insert "No public safety answering point may
be required to comply with the provisions of ARSD 50:02:04:02(2), unless the next generation 911
initiative has been implemented. The board shall determine when the next generation 911 initiative
is operational. The board shall notify each public safety answering point not complying with the
provisions of this rule when this determination has been made. The public safety answering point
shall comply with the provisions of the rule within ninety days.".
On page 12, delete lines 4 to 21, inclusive, and insert:
"
(1) Makes any false or fraudulent return in attempting to defeat or evade the surcharge
imposed by § 34-45-4 or section 3 of this Act 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 date the surcharge becomes due is guilty of a Class 2 misdemeanor;
(3) Fails to keep the records required by this chapter or refuses to exhibit these records to the
Department of Revenue for the purpose of examination is guilty of a Class 2
misdemeanor;
(4) Fails to file a return required by this chapter within sixty days from the date the return is
due is guilty of a Class 2 misdemeanor;
(5) Willfully violates any rule of the secretary for the administration and enforcement of the
provisions of this chapter is guilty of a Class 2 misdemeanor; or
(6) Fails to submit a 911 emergency surcharge registration after having been notified in
writing by the secretary of the Department of Revenue that the person is subject to the
provisions of this chapter is guilty of a Class 2 misdemeanor. However, it is not a
violation of this subdivision if the person submits a registration and meets all lawful
prerequisites for registering within ten days from receipt of written notice from the
secretary.".
On page 16, line 9, delete "incorporated".
On page 18, line 23, after "findings" insert "of".
On page 19, line 19, after "remit" insert "each month".
On page 19, line 21, after "." insert "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.".
On page 20, line 1, delete "surcharges" and insert "surcharge".
On page 20, line 1, after "into" insert "the".
On page 20, delete lines 13 to 19, inclusive, and insert "The Department of Public Safety shall
distribute the money deposited in the fund based on the ratio of the population of each eligible public
safety answering point to the population of all the eligible public safety answering points.".