March 11, 1975
Dr. Robert Hayes, Secretary
Department of Health
Office Building No. 2-3rd Floor
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-48
SDCL 34-11-2
Dear Doctor Hayes:
You have requested an official opinion as to the definition of the word "public" as it appears in SDCL 34-11-2 (2) (a).
SDCL 34-11-2 (2) (a) reads in part as follows:
(2) "ambulance service," an undertaking to furnish:
(a) Transportation for wounded, sick, injured, invalid, or incapacitated human beings, or expectant mothers, to or from a place where medical or hospital care is furnished, which is regularly provided, or offered to be provided, to the public by any person or public or private agency; (emphasis added)
The words "public" and "private" are generally used in contra-distinction to each other. "Private" is defined by Webster as "belonging to, or concerning, an individual person, company or interest." "Public" is defined as "of or pertaining to the people; relating to, belonging to, or affecting, a nation, state, or community at large; -----opposed to private." Bouvier defines "private" as "affecting or belonging to individuals, as distinct from the public generally;" and defines "public" as "the whole body politic, or all the citizens of the state. The inhabitants of a particular place."
Of the word "public" Corpus Juris Secundum says:
The word "public" is inclusive of all people and inhabitants, and is not exclusive or limited to a part or portion of the people, and in its enlarged sense takes in the entire community, the whole body politic.
Based upon the above definitions of the word "public," it is my opinion that SDCL 34-11 and rules and regulations promulgated thereunder, would not be applicable to private companies which provide ambulance service to their employees but not to the public.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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