34-45-18.8. Prohibited conduct--Misdemeanor.
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 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.
For purposes of this section, the term, person, includes corporate officers, member-managers or managers of limited liability companies, or partners that control, supervise, or are charged with the responsibility of filing the returns or remitting the payments pursuant to this chapter.
Source: SL 2012, ch 188, §21.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 45 - Emergency Reporting System
Section 34-45-1 - Definitions.
Section 34-45-4 - Monthly uniform 911 emergency surcharge per service user line.
Section 34-45-4.2 - Prepaid wireless 911 emergency surcharge.
Section 34-45-4.3 - Registration of entity required to collect and remit surcharge.
Section 34-45-5 - Billing and collection of surcharge.
Section 34-45-6 - Surcharge--Liability.
Section 34-45-7 - Liability for collection and payment of service user line surcharges.
Section 34-45-8.3 - Time for filing monthly return, report, and remittance--Penalty or interest.
Section 34-45-9 - Administration costs.
Section 34-45-11 - Contracts for administration of 911 service.
Section 34-45-12 - 911 coordination fund--Distributions to public safety answering points.
Section 34-45-13 - Pay telephone--No coins required to dial 911.
Section 34-45-14 - Private listings furnished to 911 system.
Section 34-45-17 - Immunity from liability.
Section 34-45-18 - 911 Coordination Board established.
Section 34-45-18.1 - Board representatives.
Section 34-45-18.5 - State may contract with public safety answering point for emergency services.
Section 34-45-18.6 - Record keeping by service providers and prepaid wireless service sellers.
Section 34-45-18.7 - Promulgation of rules regarding returns, records, and audits.
Section 34-45-18.8 - Prohibited conduct--Misdemeanor.
Section 34-45-19 - Board attached to Department of Public Safety--Coordinator.
Section 34-45-20 - Board duties.
Section 34-45-21 - 911 financial information.
Section 34-45-22 - "911 Telecommunicator" defined.
Section 34-45-23 - "Commission" defined.
Section 34-45-24 - Training required for employment.
Section 34-45-25 - Effective date.
Section 34-45-26 - Qualifications for employment and training.
Section 34-45-27 - Commission reserves right to refuse application.
Section 34-45-28 - Prior requirements sufficient for continued employment.
Section 34-45-30 - Responsibilities of the commission.
Section 34-45-31 - Creation of a 911 telecommunicator training fund.
Section 34-45-32 - Training programs established.
Section 34-45-34 - Enhanced 911 service.
Section 34-45-35 - Call location information--Provision to law enforcement--Emergency.