January 13, 1975

Dr. Roberf H. Hayes, Secretary
Department of Health
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-1

Use of state radio communications system tower sites and technical personnel for communications other than law enforcement and state messages

Dear Dr. Hayes:

You have asked for an official opinion from the Attorney General with respect to the installation, maintenance and acquisition of an Emergency Medical Services Radio system.

In your first question, you ask:

Can the technical personnel of the State Radio system be used for the maintenance and message traffic handling of an Emergency Medical Services Radio System under SDCL 1-13-1, 1-13-3, and 1-13-8?

The answer to this question is YES. Pursuant to SDCL 1-3-8, State Radio Communications may handle traffic relating to prevention of crime and the maintenance of peace and order. It is my opinion that handling of messages relating to emergency medical services falls within the intent of SDCL
1-13-8.

In your second question, you ask:

Can hardware for the Emergency Medical Services Radio system be purchased through agreements with the State Radio system under SDCL 1-13-6?

The answer to this question is YES. Pursuant to SDCL 1-13-and 1-13-6, the Attorney General has the authority to enter into purchase agreements on behalf of other agencies of state government for the purpose of economy and efficiency of the State Radio Communications system.

Respectfully submitted,

WILLIAM J. JANKLOW
ATTORNEY GENERAL

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