STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

September 16, 1975

Mr. Ronald J. Schreiner
Acting Secretary of Health
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-157

Can Rapid City and the county of Pennington County establish an ambulance district?

Dear Mr. Schreiner:

You have requested an official opinion from this office based on the following factual situation:

The city of Rapid City, a municipal corporation formed under the laws of the state of South Dakota, and the county of Pennington, an organized county formed under the laws of the state of South Dakota, have entered into a joint cooperative agreement to study existing ambulance service delivery and to determine future ambulance service delivery needs for (a) the metropolitan Rapid City area and (b) contiguous areas of Pennington county.

Included in the study is an assessment of alternative funding mechanisms for supporting such services.

Based on the above factual situation you ask:

Can the city of Rapid City and the county of Pennington either separately or mutually through a joint cooperation agreement, establish an ambulance district for the purpose of:

(a) defining ambulance service territory and

(b) levying taxes for the establishment, maintenance and operation of necessary ambulance services within such a district?

SDCL 34-11-1 provides:

Counties and municipalities are authorized to provide ambulance service within their boundaries and within a radius of fifty miles thereof, to enter into agreements with other governmental subdivisions and with other persons for such services, and to appropriate funds for such purposes, or in lieu thereof said county or municipality may enter into an agreement with such other governmental subdivisions or any competent person to furnish funds for such purposes on an annual basis as may mutually be agreed upon, and to be paid to such person or political subdivision when a claim has been duly filed, audited and allowed by the county or municipality, and to license and regulate persons providing such services.

Although the provisions of SDCL 34-11 clearly authorize Rapid City and Pennington County to provide ambulance service within their boundaries and within a fifty mile radius thereof, I do not believe there is statutory authority for their establishing a special taxation district similar to that established by SDCL 34-10 relating to public hospital districts. Creating special taxation districts with authority to levy a tax in addition to the levy limitations imposed by law, is a matter of legislating, and if it is to be created, it must be through legislation. SDCL 9-32-1, which authorizes municipalities to do what is necessary or expedient for the promotion of the public health, does not provide statutory authorization for the municipality to create a special taxation district.

Respectfully submitted,

William Janklow
Attorney General

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