South Dakota 2025 Regular Session

South Dakota House Bill HB1043 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.252.15 100th Legislative Session 1043
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4	4	2025 South Dakota Legislature
5	5	House Bill 1043
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11	11
12	12	Introduced by: Representative Emery
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to require counties and municipalities to provide emergency medical services 1
17	17	within their jurisdictions, increase liquidated court costs, and create the 2
18	18	emergency medical services fund and make an appropriation therefor. 3
19	19	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
20	20	Section 1. That § 23-3-52 be AMENDED: 5
21	21	23-3-52. In addition to any other penalty, assessment, or fine provided by law, 6
22	22	there shall must be levied liquidated costs in the amount of fifty-five dollars for partial 7
23	23	reimbursement to state government and its subdivisions for law enforcement and judicial 8
24	24	expenses incurred in providing the personnel, training, and facilities, relative to the 9
25	25	criminal justice system and to the 911 emergency reporting response system, on each 10
26	26	conviction for the following: 11
27	27	(1) Violation of state statutes or regulations rules having criminal penalties; or 12
28	28	(2) Violation of county or municipal ordinances. 13
29	29	If a fine is suspended in whole or in part, the liquidated costs for law enforcement 14
30	30	and training may not be reduced, except that the judge may waive all or any part of the 15
31	31	payment of liquidated costs which that would work be a hardship on the person convicted 16
32	32	or on the person's immediate family. 17
33	33	Section 2. That § 23-3-53 be AMENDED: 18
34	34	23-3-53. After a determination by the court of the amount due, as provided in § 19
35	35	23-3-52, the clerk of courts shall collect the amount due and transmit the amount monthly 20
36	36	to the state treasurer. The state treasurer shall place thirty-seven distribute the fifty-five 21
37	37	dollars in liquidated costs as follows: 22
38	38	(1) Thirty-seven dollars of the fifty dollar fee into the law enforcement officers training 23
39	39	fund, seven; 24 25.252.15 2 1043
40	40	Underscores indicate new language.
41	41	Overstrikes indicate deleted language.
42	42	(2) Seven dollars and fifty cents of the fifty dollar fee into the court appointed attorney 1
43	43	and public defender payment fund, two; 2
44	44	(3) Five dollars into the emergency medical services fund established in section 5 of 3
45	45	this Act; 4
46	46	(4) Two dollars of the fifty dollar fee into the court appointed special advocates fund, 5
47	47	two; 6
48	48	(5) Two dollars and fifty cents of the fifty dollar fee into the 911 telecommunicator 7
49	49	training fund,; and one 8
50	50	(6) One dollar of the fifty dollar fee into the abused and neglected child defense fund. 9
51	51	Section 3. That § 34-11-1 be AMENDED: 10
52	52	34-11-1. A county or municipality may: 11
53	53	(1) Provide shall provide, or contract for the provision of, ambulance services; and 12
54	54	(2) Contract within its jurisdiction. 13
55	55	A county or municipality may contract with another political subdivision or other 14
56	56	person for the provision of moneys to support to provide ambulance services. 15
57	57	Section 4. That a NEW SECTION be added to chapter 34-11: 16
58	58	Each county and municipality shall ensure that a minimum level of emergency 17
59	59	medical service is available within its jurisdiction for prehospital emergency medical 18
60	60	treatment and transport. 19
61	61	The department shall promulgate rules, in accordance with chapter 1-26, to 20
62	62	establish minimum levels of emergency medical service that must be available within a 21
63	63	county and municipality. The rules must address: 22
64	64	(1) Response times; 23
65	65	(2) Required staff and licensed personnel; 24
66	66	(3) Treatment and transport protocols; and 25
67	67	(4) Quality assurance standards. 26
68	68	Section 5. That a NEW SECTION be added to chapter 34-11: 27
69	69	There is created in the state treasury the emergency medical services fund. 28
70	70	The fund consists of liquidated costs, as provided in § 23-3-53, and all other 29
71	71	moneys designated for deposit in the fund. Interest on moneys credited to the fund must 30
72	72	remain in the fund. 31 25.252.15 3 1043
73	73	Underscores indicate new language.
74	74	Overstrikes indicate deleted language.
75	75	The department shall administer the fund. Expenditures from the fund must be 1
76	76	used to provide grants, on an annual basis, to counties and municipalities to supplement 2
77	77	funding for any of the following: 3
78	78	(1) The operational costs of providing minimum emergency medical services; 4
79	79	(2) The purchase of equipment necessary for the provision of minimum emergency 5
80	80	medical services; 6
81	81	(3) Recruitment of personnel necessary for the provision of minimum emergency 7
82	82	medical services; and 8
83	83	(4) Training of personnel necessary for the provision of minimum emergency medical 9
84	84	services. 10
85	85	The emergency medical services fund is continuously appropriated to the 11
86	86	department. 12
87	87	Section 6. That a NEW SECTION be added to chapter 34-11: 13
88	88	To be eligible for a grant from the emergency medical services fund, a county or 14
89	89	municipality must: 15
90	90	(1) Submit an application in the time and manner prescribed by the department, as 16
91	91	provided in section 8 of this Act; and 17
92	92	(2) Demonstrate that the county or municipality has insufficient moneys or is unable 18
93	93	to raise sufficient moneys, to meet the minimum levels of emergency medical 19
94	94	services or maintain emergency medical services personnel. 20
95	95	Section 7. That a NEW SECTION be added to chapter 34-11: 21
96	96	In awarding grants pursuant to section 5 of this Act, the department shall prioritize: 22
97	97	(1) Counties with a population of five thousand or fewer; 23
98	98	(2) Municipalities with a population of one thousand or fewer; and 24
99	99	(3) Counties and municipalities that collaborate in the provision of emergency medical 25
100	100	services. 26
101	101	Section 8. That a NEW SECTION be added to chapter 34-11: 27
102	102	The department shall promulgate rules, in accordance with chapter 1-26, to 28
103	103	establish: 29
104	104	(1) An application process for grants from the emergency medical services fund; 30
105	105	(2) A timeline for the submission of applications and selection of awardees; 31 25.252.15 4 1043
106	106	Underscores indicate new language.
107	107	Overstrikes indicate deleted language.
108	108	(3) Criteria for the approval of applications; and 1
109	109	(4) A process for the disbursement of grants. 2
110	110	The department shall make the grant application available on its website. 3
111	111	Section 9. That a NEW SECTION be added to chapter 34-11: 4
112	112	On or before August 1, 2026, and on or before August first of each year thereafter, 5
113	113	the department shall submit a report to the special committee created by § 4-8A-2, for 6
114	114	the previous fiscal year, on: 7
115	115	(1) The counties and municipalities that received grants from the emergency medical 8
116	116	services fund; 9
117	117	(2) The amount of each grant awarded; and 10
118	118	(3) The intended use of the grant by the county or municipality. 11
119	119	Section 10. The state treasurer shall transfer $1,000,000 from the general fund to the 12
120	120	emergency medical services fund created in section 5 of this Act. 13
121	121	Section 11. This Act is effective beginning June 30, 2025. 14