Title 34 — PUBLIC HEALTH AND SAFETY

The county commissioners of any county operating a county hospital which was established pursuant to the vote of the people shall have the authority to construct and equip improvements and additions thereto and for that purpose may borrow money and issue negotiable bonds without …

Notwithstanding the provisions of § 34-8-4.1 , it shall not be necessary to submit the question of the bond issue to the people excepting that if within thirty days from the publication of the official minutes of the meeting of the county commissioners in which the resolution to …

In lieu of issuing bonds to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain a county hospital, the board of county commissioners may levy a tax, not to exceed sixty cents per …

On the completion of a county hospital the operation and management thereof shall be the responsibility of the board of county commissioners of the county owning such hospital and the board shall establish rules and regulations for its operations. Source: SDC 1939, § 27.1904 as a…

To manage or assist them in the management of a county hospital, the board of county commissioners may appoint a board of trustees consisting of five competent and responsible freeholders of the county, one of whom shall be a legally qualified physician or nurse, in which case on…

A governing board of a hospital subject to chapter 34-8 shall reasonably and properly determine, subject to the right of judicial review, the membership of the professional staff of the hospital and delineate the staff privileges, but it shall not discriminate between licensed pr…

Notwithstanding any other provisions of law to the contrary, the board of county commissioners and/or the local governing body may, by unanimous vote of its members, grant, loan, or pay to an individual, upon such terms and on such conditions as the board shall set forth, moneys …

The boards of county commissioners of several contiguous counties and/or the local governing body may jointly enter into contractual arrangements to carry out the purposes of this chapter. Source: SL 1973, ch 43 , § 2.

The board of county commissioners and/or local governing body shall set forth at the time of the negotiation of the contract for grant or loan, the time and method of reimbursement, if any, to the appropriate fund, by the individual or individuals, who will provide professional m…

Source: RC 1919, § 7694 (1) as enacted by SL 1919, ch 282 ; SL 1929, ch 210 , § 1; SDC 1939, § 27.1901; SL 1953, ch 125 ; SL 1955, ch 95 , § 1; SL 1959, ch 133 ; SL 1982, ch 258 , § 2; SL 1984, ch 43 , § 110. 34-8-3. Repealed by SL 1984, ch 43 , § 131.

Every city may: (1) Establish, construct, purchase, and maintain hospitals and medical clinics and regulate the same; (2) Lease any hospital and medical facilities to persons and private or public corporations, limited liability companies, associations, or other organizations for…

A municipality may not transfer surplus funds under § 34-9-9 unless: (1) No other hospital operates within the municipality and the Department of Health has issued no license for the operation of a hospital within the municipality; (2) At least fifty percent of the total cost of …

In addition to other powers granted, any municipality may by resolution give to a nonprofit corporation, real and personal property owned by the municipality and used by it in the operation of a health care facility as defined in § 34-12-1.1 or a medical clinic. However, the tran…

No transfer of property shall be made pursuant to § 34-9-11 except under the conditions as set forth in subdivisions 34-9-10(1) and (3). Source: SL 1972, ch 191 .

No funds or property shall be transferred pursuant to § 34-9-11 that are acquired through legal tax levy in the municipality. Source: SL 1972, ch 191 .

Should the nonprofit corporation receiving the property desire to dispose of any of the real property transferred pursuant to § 34-9-11 through sale to a third party, the approval of the municipality must first be obtained. Source: SL 1972, ch 191 .

In § 34-9-1 , the term "hospital" may be construed to include a nursing facility or a home for the aged. Source: SDC 1939, § 45.0202 (2) as added by SL 1959, ch 265 ; SL 1964, ch 140 ; SL 1968, ch 180 . 34-9-3. Repealed by SL 1978, ch 50 , § 8.

The provisions of § 34-9-5 shall apply to all counties. Source: SL 1947, ch 222 , § 3; SDC Supp 1960, § 27.19A01; SL 1971, ch 201 , § 1; SL 1971, ch 202 , § 1.

If a first or second class municipality within a county which has no established county hospital makes provisions to construct, equip, and operate a public hospital having a capacity of not less than twenty patients and the board of county commissioners determines that the operat…

Whenever a first or second class municipality has established a hospital as provided by § 34-9-5 , and without regard to whether a county has participated in the cost of its construction as provided in § 34-9-5 , the board of county commissioners may, by appropriate resolution, r…

In addition to other powers granted, municipalities of the third class, as defined by law, shall have power to establish, construct, and maintain hospitals and medical dispensaries and to regulate the same. In constructing, or establishing any such hospital or medical dispensary …

Authority is hereby granted to municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to private hospital corporations towards the cost of construction of any hospital to be constructed or now under construction or towards the…

The purpose of this chapter is to authorize the establishment of public hospital districts, which shall have power to own and operate and equip public hospitals, or to lease and operate public hospitals, or to maintain or aid in the maintenance and operation of a public hospital,…

The boundaries of any public hospital district may be altered and outlying districts annexed from territory contiguous thereto in the following manner: a petition signed by sixty percent of the resident electors within the territory proposed to be annexed, designating the boundar…

Said public hospital district shall be governed and managed by a board of seven trustees elected by the persons within the district. The trustees must be elected from among the persons resident within said district. Source: SL 1959, ch 135 , § 10; SDC Supp 1960, § 27.19B10.

The hospital district trustees elected for the first board shall serve for terms commencing upon their being elected and qualified and all trustees shall serve until their respective successors be elected and qualified. The term of office shall be for four years, except that the …

Any elector may sign as many nominating petitions for hospital district trustee as there are persons to be elected. All regular elections after the first shall be held on the primary election date specified in § 12-2-1 and notice thereof shall be given as required by the laws rel…

The trustees of the hospital district shall serve without pay. A vacancy upon the board of trustees shall be filled by appointment by the remaining members and the appointee shall serve until the next ensuing regular election for trustees. The trustees shall keep accurate minutes…

The trustees at their first meeting shall adopt rules, regulations, and bylaws deemed suitable and necessary for the government and management of the district. The trustees shall elect one of its members as chairman, one as treasurer, and one as secretary. The trustees shall desi…

The district may purchase, construct, equip, lease, or otherwise acquire public hospital facilities and issue bonds for the cost thereof. All bonds shall be authorized, issued, and sold by the board of trustees as provided in chapter 6-8B , except that no bonds may be issued in e…

34-10-18 Failure of bond issue on failure of district. 34-10-19 34-10-19 , 34-10-20. Repealed by SL 1984, ch 43 , § 131. 34-10-21 Tax levy for retirement of bonds. 34-10-22 Reduction of tax levy on payment of other moneys into debt service fund. 34-10-23 Payment of bonds when deb…

If the bond issue receives sixty percent of the votes cast and the creation of the district fails to receive sixty percent of the votes cast under § 34-10-9 , the bond issue is deemed to have failed. Source: SL 1959, ch 135 , § 9; SDC Supp 1960, § 27.19B09; SL 1984, ch 43 , § 117…

Whenever a petition praying that a public hospital district be established signed by not less than ten percent of the resident electors residing within the boundaries of the proposed public hospital district, which petition shall definitely describe the boundaries of the proposed…

At the time bonds are issued pursuant to § 34-10-16 the trustees shall by resolution provide for the levy of an irrepealable tax upon all of the property within the hospital district for the years and in the amounts, sufficient to pay the principal and interest when due, without …

If the board of trustees at any time shall transfer and irrevocably appropriate to the debt service fund maintained by it for the payment of bonds issued pursuant to § 34-10-16 moneys received from sources other than tax levies pursuant to § 34-10-21 , it may in its discretion ca…

If the moneys in the debt service fund are at any time insufficient for the payment of principal and interest due on bonds of the district, such payment shall nevertheless be made from any other funds of the district available therefor, and such other funds may be reimbursed from…

The procedures for the collection of the tax shall be in accordance with the existing laws of the State of South Dakota. The funds collected under the tax levy shall be transferred to the treasurer of the hospital district by the county treasurer or county treasurers at the same …

In lieu of issuing bonds, the hospital district board may levy an annual tax not to exceed five mills for the purpose of purchasing, constructing, equipping, leasing, or otherwise acquiring and maintaining a hospital, and shall direct the treasurer of the district to place such m…

The board of trustees of any public hospital district shall have authority to levy an annual tax not to exceed one dollar per thousand dollars of taxable valuation of all real and personal property taxable within said district for the purpose of operating and maintaining any hosp…

The treasurer of the hospital district shall keep a detailed account of all tax moneys paid into the public hospital district fund, of all other moneys from any source received by the district, and of all payments and disbursements from the fund. Funds shall be paid out on warran…

The board shall have authority to lease any hospital facilities of the district to persons and private or public corporations for the purpose of operation, provided that in the opinion of the board the needs of the community can best be served thereby. Source: SL 1959, ch 135 , §…

The hospital district board, at the close of each year of business, shall cause an audit to be made by the State Department of Legislative Audit, or an auditor approved by the State Department of Legislative Audit of the books, records, and financial affairs of the district, and …

The board of county commissioners at the next regular, adjourned, or special session shall canvass the petition or petitions and if signed by the requisite number of resident electors, it shall order an election to be held in all voting precincts in the proposed district not less…

At any time after five years from the date any public hospital district is created, such district may be dissolved following the same procedures for the establishment of the district, set forth in this chapter. However, such district shall not be dissolved if it is indebted in an…

A dissolution of a hospital district shall be effective for all purposes six months after the election determining same; provided that at or before such time the board of trustees certifies to the board or boards of county commissioners in whose territory said district is located…

Upon any such dissolution the trustees may make a sale of all of the property of the district, following the procedures, so far as applicable, provided for the sale by counties of surplus property and if there shall be any surplus funds the same shall be placed in the general fun…

If the district extends into two or more counties, the boards of county commissioners shall, within thirty days after the filing of such petition, meet in joint session and canvass the same, and if found to be signed by the requisite number of resident electors in the district, t…

The board, or, if in more than one county, the boards acting jointly, shall cause notice of said election to be given, setting forth the time and places of holding the same and the hours when the polls will open and close. Such notice shall be published for two consecutive weeks …

Before any election is held, the election board shall obtain from the county auditor or auditors a registration list for the area within the boundaries of the proposed district, which shall show the names of all qualified electors within the proposed district. Source: SL 1959, ch…

An individual is entitled to vote at an election conducted in a proposed hospital district if the individual is registered as a voter, pursuant to chapter 12-4 , and is a resident of the proposed hospital district. Source: SL 1959, ch 135 , § 8; SDC Supp 1960, § 27.19B08; SL 1972…