January 31, 1975

Mr. Joe Egger
State Fire Marshall
Pierre, South Dakota

OFFICIAL OPINION NO. 75-17

34-31A Rural Fire Protection District Law

Dear Mr. Egger:

You have asked for an Official Opinion as to whether or not SDCL 34-31A gives authority to the board of directors of a rural fire protection district, to incur a ten year obligation which would be binding on succeeding members of the board of directors of such rural fire protection district.

SDCL 34-31A-31 provides:

No district shall become indebted for an amount that may not be payable from ten annual maximum tax levies as authorized by §34-31A-21. With the limits herein authorized, the district shall have power to borrow money at a rate not in excess of eight per cent per annum and to issue appropriate evidence of in­debtedness thereof.

It is my opinion that SDCL 34-31A-31 and 34-31A-21 are statutes "in pari materia" and that consequently such statutes must be construed and ap­plied together so as to carry out the legislative intent expressed therein. First American Bank & Trust Co. v. Ellwein, 198, N.W. 2d 84. In so construing these statutes, it is my opinion that SDCL 34-31A-31 does give the district board of directors the authority to incur a ten year obligation which would be binding on succeeding members of the board.

Respectfully submitted,

WILLIAM J. JANKLOW
ATTORNEY GENERAL

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