Title 34 — PUBLIC HEALTH AND SAFETY

34-31A-2 Electors' petition to establish district--County commissioners' resolution to initiate proceedings. 34-31A-3 Inclusion of municipality in district. 34-31A-4 Contents of petition or resolution--Plat or map. 34-31A-5 Examination of petition by auditor--Time and place of he…

Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. If the district includes any incorporated municipalities which are located within the boundaries of the district, no more than two members …

The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice - president, and a secretary - treasurer. Source: SL 1971, ch 208 , § 4.

All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice - president shall be elected as provided in § 34-31A-14 for a one - year term, and one - half, or as close …

The board of county commissioners shall fill a vacancy on the board of directors of a rural fire protection district by appointing a voter of the district who meets the requirements in § 34-31A-13 to complete the unexpired term. Source: SL 1987, ch 257 .

Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10 , the district under its designated name shall be and constitute a body politic and corporate. Source: SL 1971, ch 208 , § 17.

The board of directors shall have the following general powers: (1) To determine upon a general fire protection program for the district; (2) To manage and conduct the business affairs of the district; (3) To make and execute contracts in the name of and on behalf of the district…

Any rural fire protection district may enter into a contract with another rural fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, or may enter into a contract with any federal, state, or local government agency for fire prote…

The Department of Public Safety, with the advice and cooperation of the South Dakota Firemen's Association may establish a system of rural routings which shall be as uniform as is practicable throughout the state, for the purpose of aiding rural fire - fighting equipment and othe…

If an application for organization as provided in § 6-16-2 covering any rural territory is completed and requests to form, organize, establish, equip, and maintain a rural fire protection district, the application shall be filed with the county auditor of each county in which the…

The board of directors shall: (1) Prepare an annual budget of the expenditures necessary to carry out the general fire protection program for the district. Grants, resources of fire departments within the district, and other revenues shall be considered by the board when preparin…

The president and secretary shall certify the estimate provided by § 34-31A-20 to the proper county auditor or county auditors, on or before October first of each year. The auditor shall levy a tax not to exceed one dollar per thousand dollars of taxable valuation upon the taxabl…

The rate of tax for functions authorized by this chapter may not exceed sixty cents per thousand dollars of taxable valuation in the rural fire district for the purchase of rural fire - fighting equipment in rural fire districts or for the purpose of assisting and contributing to…

In no case shall the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the …

Said tax shall be collected as other taxes are collected in the county. Source: SL 1971, ch 208 , § 7 (1).

Said tax shall be turned over to the secretary - treasurer of the rural fire protection district, who shall have a surety bond in the amount of at least five thousand dollars. Source: SL 1971, ch 208 , § 7 (2). 34-31A-26, 34-31A-27. Transferred to §§ 34-31A-32, 34-31A-33.

[Repealed or reserved.]

Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural fire protection district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for fire prote…

The board of directors shall file an annual statement with the Department of Public Safety showing the names of persons or organizations making payments and the amounts of payments made under §

Any municipality located within the area, whether the municipality has a fire department or not, may be included in the rural fire district if twenty percent of the landowners within the municipality who are also registered voters within the municipality sign a separate petition …

Funds derived from payments pursuant to § 34-31A-28 shall be expended by the district for fire - fighting supplies and equipment and the training of fire department personnel. Source: SL 1971, ch 208 , § 15.

No district may incur debt greater than an amount equal to twenty times the annual maximum tax levy as authorized by §

All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in state or national bank to the credit of the district fund and shall…

34-31A-29 Annual statement of payments by tax-exempt organizations. 34-31A-30 Expenditure of payments by tax-exempt organizations. 34-31A-31 Maximum indebtedness of district--Borrowing power. 34-31A-32 Deposit in bank of district receipts--Warrants for disbursement. 34-31A-33 Cla…

The secretary - treasurer of the rural fire protection district shall, on or before January thirty - first of each year, file a financial report of the previous calendar year with the proper county auditor or county auditors. When the Department of Legislative Audit examines othe…

The boundaries of any rural fire protection district organized under the provisions of this chapter may be changed in the manner prescribed by §§ 34-31A-5 to 34-31A-9 , inclusive, but the changes of boundaries of any such district may not impair or affect its organization or its …

Any territory which is adjacent to the boundary of an existing rural fire protection district may be annexed to such district in the manner provided in §§ 34-31A-37 to 34-31A-42 , inclusive. Source: SL 1971, ch 208 , § 11.

The proceedings for the annexation, referred to in § 34-31A-36 , may be initiated by resolution or by the presentation to the auditor of a petition signed by ten percent of the electors who are owners of any interest in real property assessed for taxation in the territory to be a…

The county auditor shall consult the tax schedules in the office of the county auditor and determine and certify whether or not such petition complies with the requirements of § 34-31A-37 and that the persons signing the same appear to reside within the boundaries described by su…

Within thirty days after receiving the petition or resolution, map or plat, and certificate of the county auditor, in accordance with § 34-31A-38 , from the county auditor, such board of directors shall transmit the same to the proper county board, accompanied by a report in writ…

The petition shall contain the suggested name of the proposed district, the area in square miles to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed rural fire pro…

No area shall be annexed to an existing rural fire protection district contrary to the recommendation of the board of directors of such existing district. If the report of the board of directors, referred to in § 34-31A-39 , disapproves the proposal, the petition shall be rejecte…

If the report of the board of directors, referred to in § 34-31A-39 , is favorable to such proposal, either in whole or in part, the board of county commissioners shall promptly designate a time and place for a hearing upon the petition and shall give notice thereof in the manner…

The board of county commissioners shall, at or shortly after the hearing referred to in § 34-31A-41 , determine whether such territory should be annexed to the existing district and shall fix the boundaries of the territory to be annexed. The determination of the board of county …

A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election may be conducted during the regul…

The secretary - treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district. Source: SL 1971, ch 208 , § 9.

Any rural fire protection district with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the rural fire protection district or by the volunteer firefighters and may be managed through the r…

The residents of any territory proposed to be annexed into a rural fire protection district may, by petition, call for an election on such annexation. The petition shall be signed by five percent of the voters residing within the territory included within the proposed annexation.…

The board of directors of a rural fire protection district may choose to hold a rural fire protection district general election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined e…

Upon the filing of the petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by the number of voters as specified in §

If the proposed district shall be situated within two or more counties, the county auditor of the county wherein the largest area is contained, shall confer with the auditor or auditors of the other counties concerned, and shall obtain a certificate as to the adequacy of the peti…

Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing. The notice shall include a statement of the proposed boundaries as set forth in the petition. So…

At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the bound…

Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§ 6-16-4 to 6-16-6 , inclusive. Source: SL 1971, ch 208 , § 3; SL 1992, ch 80 , § 212; SL 1998, ch 36 , § 33. 34-31A-10 to 34-31A-12. Repealed by SL 1998, ch 36 …