March 20, 1975
Mr. Eugene Jones
State's Attorney, Mellette County
White River, South Dakota 57579
OFFICIAL OPINION NO. 75-53
Can the board of county commissioners of Mellette County under authority of the two statutes cited loan the
Mellette County Development Corporation $10,000, the funds to be used for a nursing home in Mellette County?
Dear Mr. Jones:
You have asked whether the Mellette County Board of Commissioners may loan $10,000 to the Mellette County Development Corporation which together with an individual will construct a nursing home in Mellette County. The nursing home will be owned and operated by the private individual. The loans will be repaid when the individual is financially able to do so.
SDCL 34-8A-l provides:
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 from any source of funds available to them for the purpose of ensuring the availability of professional medical services within the county.
The foregoing provision authorizes the county commissioners, acting unanimously, to loan money to an individual to ensure the availability of professional medical services within the county. SDCL 3-8-1 includes nursing homes in the type of hospitals which the county may establish and maintain. Therefore, a nursing home would come within the professional medical services which the county is authorized to make loans to ensure.
SDCL 34-8A-3 allows the commissioners to set any terms for repayment which they deem appropriate.
The answer to your specific question is YES, the Mellette County Board of Commissioners may loan $10,000 to the Mellette County Development Corporation and a private individual to construct a nursing home to ensure the availability of medical services in Mellette County.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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