STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
November 15, 1968
C. J. Nagel
State's Attorney, McCook County
Salem, South Dakota 57058
OFFICIAL OPINION NO. 68-41
Payment by county of installation and removal of county owned equipment to and from Sheriff's personally owned car
Dear Mr. Nagel:
You have requested an official opinion of this office based upon the following factual situation;
"The McCook County Sheriff owns his own car. The police frequency radio, antenna and the red warning lights are owned by McCook County. This equipment is such that installation requires holes to be bored into the body of the car."
You have asked the following questions:
"1. May the county pay for the installation and removal of this emergency equipment from the Sheriff's old car and onto his new one?
"2. In the event the answer to the above question is affirmative, may the county also pay for restoring the Sheriff's old car to its original condition?"
Chapter 233 of the Session Laws of 1965 states in relevant part:
"Section 1. As used in this act, the term 'emergency vehicle' shall mean . . .: (d) any motor vehicles designated as an emergency vehicle by the sheriff of any county in South Dakota, when said vehicle is assigned the use of frequencies assigned to said county; "Section 2. No persons, firm or corporation shall install in any motor vehicle or business establishment, except emergency vehicles as herein defined, or places established by municipal, county, state or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communication Commission to local governing police or law enforcement officers of any city, or county of the State of South Dakota, or to the State of South Dakota or any of its agencies, provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System."
SDC 1960 Supp. 44.0303 as amended by Chapter 254 of the Session Laws of 1963 states in part:
"The speed limit set out in this section shall not apply to authorized emergency vehicles when responding to emergency calls provided the drivers thereof sound audible signals by siren or horn and two lighted red lights are displayed to the front, or one beacon light visible 360°."
It would follow that the sheriff's car would be classified as an emergency vehicle and that such car must be equipped as required by law with police radio and emergency lights.
The county may arrange for such cars within the discretion of the Board of County Commissioners furnishing them at county expense, as provided for in SDC 12.1012 as added in Chapter 40 of the Session Laws of 1963, or by paying the sheriff to provide his own car, as allowed in SDC 1960 Supp. 12.10 and amendments.
Since McCook County has chosen the second alternative and since the county owned equipment must be used as a requirement of the office, I am of the opinion that the answer to question NO.1 should be, and is answered, in the AFFIRMATIVE.
The answer to question No.2 should be, and is answered, in the AFFIRMATIVE to the extent that such change of condition is caused by the installation and removal of the county-owned equipment.
Respectfully submitted,
Frank L. Farrar
Attorney General
