reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 03B - County And Municipal Drug Education Programs › Section 34-3B-3 - General fund appropriations authorized for drug abuse programs.

34-3B-3. General fund appropriations authorized for drug abuse programs.
For the purpose of carrying out this chapter, the boards of county commissioners shall appropriate money out of the general fund of their respective counties and the governing bodies of municipalities may appropriate money out of the general fund of their respective municipalities.
Source:
SL 1973, ch 262; SL 1978, ch 62, §30; SL 1985, ch 77, §37.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 03B - County And Municipal Drug Education Programs › Section 34-3B-4 - Programs of nonprofit organizations to be approved--Records and audits.

34-3B-4. Programs of nonprofit organizations to be approved--Records and audits.
Payments to nonprofit organizations engaged in programs described in §34-3B-1 shall be based on programs previously approved by the governing boards. Complete records on all their activities and a certified audit of these records shall be submitted to the governing boards upon demand and at the close of each fiscal period.
Source:
SL 1973, ch 262.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 04 - County Nurse › Section 34-4-5 - Employment of nursing personnel by county commissioners.

34-4-5. Employment of nursing personnel by county commissioners.
The board of county commissioners of any county may at any time when in their judgment and discretion the public health and interests of such county will be benefited thereby, employ nursing personnel as defined in chapter 36-9.
Source:
SL 1919, ch 149, §4; SDC 1939, §27.2004; SL 1978, ch 245, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-1 - Purpose of chapter.

34-5-1. Purpose of chapter.
The intent of this chapter is for the accumulation and continuation of a sufficient fund for the use of the respective counties in this state so as to permit in any year the efficient and immediate snow removal on county roads, for repair of damages thereon caused by melting snow, the purchase of equipment for such snow removal and repairs therefor, to meet emergency requirements for the public health and safety in the time of disaster and emergency, and to repay emergency aid grants from the state emergency fund.
Source:
SL 1953, ch 32, §6; SL 1957, ch 30; SDC Supp 1960, §12.0617-11; SL 1967, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-2 - County levy for snow removal and special emergency reserve fund--Collection of levy.

34-5-2. County levy for snow removal and special emergency reserve fund--Collection of levy.
The board of county commissioners may establish a county snow removal and special emergency reserve fund by the levy of a tax up to but not exceeding one dollar and twenty cents per thousand dollars of taxable valuation within the county. The tax levy authorized by this section is in addition to all other county tax levies. All money collected and received under the provisions of this tax levy shall be remitted at the times and in the manner required by the laws of this state relating to counties.
Source:
SL 1953, ch 32, §§1, 5; SDC Supp 1960, §12.0617-7; SL 1967, ch 15, §1; SL 1989, ch 87, §15A.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-3 - Purposes for which reserve fund used.

34-5-3. Purposes for which reserve fund used.
The county snow removal and special emergency reserve fund after the creation thereof shall be used for the following purposes only:
(1)Snow removal operations on county roads;
(2)Repair of damages to county roads and bridges directly resulting from or caused only by melting snow;
(3)Purchase of equipment for such snow removal and repairs therefor;
(4)Purchase of snow fencing to prevent accumulation of snow;
(5)To mow and remove grass and weeds along the highway to prevent the accumulation of snow;
(6)To meet emergency requirements for the public health and safety in the time of disaster and emergency when such requirements may not be made by general or other special appropriations;
(7)To repay emergency aid grants from the state emergency fund under such conditions as may be provided by law.
Source:
SL 1953, ch 32, §2; SL 1957, ch 30; SDC Supp 1960, §12.0617-8; SL 1964, ch 23; SL 1967, ch 15, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-4 - Determination of necessity for snow removal--Emergency and disaster declared by Governor or county commissioners.

34-5-4. Determination of necessity for snow removal--Emergency and disaster declared by Governor or county commissioners.
The board of county commissioners with the county highway superintendent shall be the sole judges as to the necessity, need, and emergencies for snow removal operations and repairs, and shall exercise full discretion with decisions relative thereto. To expend money from said fund as otherwise provided in 34-5-3, the Governor or the board of county commissioners by a resolution duly adopted must declare that a time of emergency and disaster exists.
Source:
SL 1953, ch 32, §3; SDC Supp 1960, §12.0617-9; SL 1967, ch 15, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-5 - Authorization and approval of money paid from fund.

34-5-5. Authorization and approval of money paid from fund.
All money allowed and paid from a fund established under §34-5-2 shall first be authorized and approved by the board of county commissioners and, in operations directly relating to snow removal, snow damage, or prevention of snow accumulation, or purchase and repair of snow removal equipment, the county highway superintendent.
Source:
SL 1953, ch 32, §5; SDC Supp 1960, §12.0617-7; SL 1967, ch 15, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-6 - Accounting for expenditures from fund.

34-5-6. Accounting for expenditures from fund.
The county highway superintendent shall keep in a separate record book a detailed account of all money expended from the county snow removal and special emergency reserve fund directly relating to snow removal, snow damage, prevention of snow accumulation, or purchase and repair of snow removal equipment, showing exact amounts, dates, places, type, and nature of work performed. The expenditure of any other money from said fund as provided in §34-5-3 shall be accounted for in detail in such a manner as the board of county commissioners shall provide.
Source:
SL 1953, ch 32, §5; SDC Supp 1960, §12.0617-7; SL 1967, ch 15, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-7 - Accumulation of unexpended balances in fund--Diversion for other purposes prohibited.

34-5-7. Accumulation of unexpended balances in fund--Diversion for other purposes prohibited.
Any unexpended balance remaining in the county snow removal and special emergency fund at the end of the fiscal year shall be allowed to accumulate as a reserve fund and available for future use as set forth in §34-5-3. No part of the fund created under §34-5-2 shall revert to the general funds of the county nor shall any of said fund be used for any other purposes.
Source:
SL 1953, ch 32, §4; SDC Supp 1960, §12.0617-7; SL 1967, ch 15, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-9 - Definition of terms related to distressed food.

34-5-9. Definition of terms related to distressed food.
Terms as used in §§34-5-9 to 34-5-18, inclusive, unless the context otherwise requires, mean:
(1)"Department," the Department of Health;
(2)"Person," an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, or any other legal entity, or their legal representative, agent, or assigns;
(3)"Salvage," the recovery, cleaning, sorting, sanitizing, and otherwise preparing distressed food for possible human use;
(4)"Salvage operator," includes any person who buys, sells, handles, transports, or otherwise deals in distressed food;
(5)"Secretary," the secretary of the Department of Health.
Source:
SL 1974, ch 241, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-10 - Distressed food defined.

34-5-10. Distressed food defined.
As used in §§34-5-9 to 34-5-18, inclusive, unless the context otherwise requires, "distressed food" means all food, food products, drugs, alcoholic or nonalcoholic beverages, nonedible products expected to be used in or around the home kitchen, medicines, and related items that have been subject to possible contamination from fire, flood, tornado, windstorms, train, or vehicle accidents. This shall include damage or contamination caused by shipping, handling, or storage errors or accidents; or product contamination by spillage of toxic material, poisons, pesticides, petroleum products or their derivatives, or other deleterious substance that may be injurious to health.
Source:
SL 1974, ch 241, §1 (7).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-11 - Investigations by secretary--Right of entry.

34-5-11. Investigations by secretary--Right of entry.
The secretary shall have the authority to investigate all known disasters or situations that may have resulted in distressed food pursuant to §34-5-10. This authority shall include the right, at any reasonable time, to enter any facility or area, to examine merchandise, records, and equipment.
Source:
SL 1974, ch 241, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-11.1 - Examination of food as necessary--Ordering removal from availability.

34-5-11.1. Examination of food as necessary--Ordering removal from availability.
Food may be examined by the department as often as may be necessary to determine freedom from adulteration. The Department of Health may, upon written notice to the owner, order removal of adulterated food from availability for human consumption.
Source:
SL 1980, ch 238, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-11.2 - Hearing--Destroying or denaturing order--Judicial review.

34-5-11.2. Hearing--Destroying or denaturing order--Judicial review.
The owner may request a hearing, pursuant to chapter 1-26, which must be granted and held within ten days of a removal order. Based upon the hearing, the Department of Health may issue a destroying or denaturing order. The owner may appeal to the circuit court within three days of the order.
Source:
SL 1980, ch 238, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-12 - Unauthorized removal of distressed food as misdemeanor.

34-5-12. Unauthorized removal of distressed food as misdemeanor.
No person shall remove, salvage, destroy, or convert for personal use any distressed food at the site of a disaster without consent of the secretary. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1974, ch 241, §4; SL 1977, ch 190, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-13 - Removal of food by law enforcement officers allowed when necessary.

34-5-13. Removal of food by law enforcement officers allowed when necessary.
Sections 34-5-9 to 34-5-18, inclusive, do not prevent any state, county, or municipal law enforcement officer from supervising the moving of distressed food to a temporary holding area when such movement is necessary for highway safety or protection and control of the distressed food.
Source:
SL 1974, ch 241, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-14 - Interdepartmental agreements authorized--Purpose.

34-5-14. Interdepartmental agreements authorized--Purpose.
The secretary is hereby authorized to enter into mutual agreements with secretaries of other state departments to provide better utilization of personnel in administration of §§34-5-9 to 34-5-18, inclusive, and in any emergency where preassigned functions may have been delineated.
Source:
SL 1974, ch 241, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-15 - Rules and regulations--Hold orders or condemnation--Misdemeanor.

34-5-15. Rules and regulations--Hold orders or condemnation--Misdemeanor.
The Department of Health may promulgate and the secretary of health shall enforce rules and regulations, under the provisions of chapter 1-26, governing the control, movement, sorting, embargo, buying, selling, storage, and salvage of distressed food. The department may use hold orders or condemnation if adulteration is present. A violation of those rules is a Class 1 misdemeanor.
Source:
SL 1974, ch 241, §§2, 7; SDCL Supp, §34-5-16; SL 1977, ch 190, §10; SL 1980, ch 238, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-17 - Severability of provisions.

34-5-17. Severability of provisions.
If a part of §§34-5-9 to 34-5-18, inclusive, is invalid, all valid parts that are severable from this invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Source:
SL 1974, ch 241, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 05 - Disaster Relief And Protective Measures › Section 34-5-18 - Citation of provisions.

34-5-18. Citation of provisions.
Sections 34-5-9 to 34-5-18, inclusive, may be cited as the South Dakota Distressed Food Act.
Source:
SL 1974, ch 241, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-1 - Establishment and maintenance of county hospital authorized--Types of institutions included.

34-8-1. Establishment and maintenance of county hospital authorized--Types of institutions included.
The board of county commissioners in any county in this state may establish and maintain or lease to be maintained a county hospital for the care and treatment of county charges, and such other persons as may apply for admission to such hospital. In this chapter, the term "hospital" may be construed to mean a hospital, a medical facility and its equipment, a nursing facility or a home for the aged, or any building used or to be used for any two or more of these purposes.
Source:
SL 1909, ch 265, §1; SL 1911, ch 110; RC 1919, §7694; SL 1919, ch 282; SL 1929, ch 210, §1; SDC 1939, §27.1901; SL 1953, ch 125; SL 1955, ch 95, §1; SL 1959, ch 133; SL 1969, ch 108, §1; SL 1982, ch 258, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-2 - County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale.

34-8-2. County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale.
The board of county commissioners in any county in this state may issue the bonds of the county for the purpose of purchasing an existing hospital and site, upon an appraisal by a board established by usual procedure with or without equipment and supplies, or other suitable buildings and site, or for the purpose of purchasing a site for a hospital and for the erection, equipment, and maintenance thereof, in either event, or for the construction and equipment of one or more additions and improvements to an existing hospital. No county may issue its bonds under the provisions of this section in excess of two percent of its assessed valuation of the taxable property therein for the year preceding that in which the indebtedness is incurred. A continuing annual tax shall be levied for the payment of the bonds and interest thereon in accordance with §7-24-18. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
Source:
RC 1919, §7694 (1) as enacted by SL 1919, ch 282; SL 1929, ch 210, §1; SDC 1939, §27.1901; SL 1953, ch 125; SL 1955, ch 95, §1; SL 1959, ch 133; SL 1982, ch 258, §2; SL 1984, ch 43, §110.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-4 - Election on county hospital or bond issue--Percentage of vote required for approval.

34-8-4. Election on county hospital or bond issue--Percentage of vote required for approval.
The board of county commissioners may by resolution or ordinance submit the question of establishing and maintaining a county hospital to the voters of the county at any regular election or at a special election called for that purpose.
The election shall be held in the manner and upon the notice prescribed by law for county bond elections. If sixty percent of the ballots cast are in favor of the establishment and maintenance of a county hospital, the board of county commissioners may establish and maintain a county hospital according to the provisions of chapter 34-8. The election on the question of establishing and maintaining a county hospital may be held at the same time as the election on the bond issue. If the bond issue receives sixty percent of the votes cast, and the establishing and maintaining of a county hospital fails to receive sixty percent of the votes cast, the bond issue is deemed to have failed.
Source:
SL 1897, ch 49, §3; RPolC 1903, §972; RC 1919, §6984; RC 1919, §7694 (2) as enacted by SL 1919, ch 282; SL 1929, ch 210, §2; SDC 1939, §27.1902; SL 1945, ch 110, §1; SL 1955, ch 95, §2; SL 1957, ch 119, §1; SL 1982, ch 258, §4; SL 1984, ch 43, §112.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-4.1 - Additions to hospitals--Revenue bonds authorized.

34-8-4.1. Additions to hospitals--Revenue bonds authorized.
The county commissioners of any county operating a county hospital which was established pursuant to the vote of the people shall have the authority to construct and equip improvements and additions thereto and for that purpose may borrow money and issue negotiable bonds without pledging or using the credit of such county for their payment, in lieu of or in addition to any bonds issued pursuant to §34-8-2. Such bonds as so issued shall be paid exclusively from the revenues derived from furnishing care and treatment to patients using such hospital and additions thereto. All the provisions of chapter 9-40, dealing with municipal utility revenue bonds, insofar as applicable are applicable to revenue bonds issued under the provisions of this section.
Source:
SL 1970, ch 195; SL 1982, ch 258, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-4.2 - Election not required for revenue bonds--Protest requiring election.

34-8-4.2. Election not required for revenue bonds--Protest requiring election.
Notwithstanding the provisions of §34-8-4.1, it shall not be necessary to submit the question of the bond issue to the people excepting that if within thirty days from the publication of the official minutes of the meeting of the county commissioners in which the resolution to issue revenue bonds is adopted, a protest signed by fifteen percent of the voters of the county voting for Governor at the last general election be filed with such county commissioners, then no such bond issuance shall be made until the question shall have been submitted to the vote of the people and sixty percent of those voting shall vote in favor thereof. The question so submitted shall be "Shall the County issue Revenue Bonds not to exceed $____ for the financing of an addition to the county hospital?"
Source:
SL 1970, ch 195.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-5 - Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds.

34-8-5. Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds.
In lieu of issuing bonds to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain a county hospital, the board of county commissioners may levy a tax, not to exceed sixty cents per thousand dollars of taxable valuation of the county in any one year to provide a special revenue fund to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain or lease to maintain a county hospital. If a sufficient amount is raised, the board of county commissioners shall purchase or erect, equip and maintain or lease to maintain a county hospital as provided in this chapter.
Source:
SL 1929, ch 210, §§14, 15; SDC 1939, §27.1903; SL 1955, ch 95, §3; SL 1984, ch 43, §113; SL 1989, ch 87, §15D.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-6 - Management of hospital by county commissioners--Rules and regulations.

34-8-6. Management of hospital by county commissioners--Rules and regulations.
On the completion of a county hospital the operation and management thereof shall be the responsibility of the board of county commissioners of the county owning such hospital and the board shall establish rules and regulations for its operations.
Source:
SDC 1939, §27.1904 as added by SL 1953, ch 126; SL 1966, ch 78.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-7 - Board of trustees for management of hospital--Terms of office of trustees--Removal of trustee.

34-8-7. Board of trustees for management of hospital--Terms of office of trustees--Removal of trustee.
To manage or assist them in the management of a county hospital, the board of county commissioners may appoint a board of trustees consisting of five competent and responsible freeholders of the county, one of whom shall be a legally qualified physician or nurse, in which case one member of said board shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years.
Their terms of office shall expire on the first Monday of July of the year of expiration. Thereafter it shall be the duty of such board of county commissioners annually at their regular meeting in July to appoint for a term of five years a successor to the trustee whose term of office shall expire during that year.
Any member of such board of trustees may be removed at any time by the board of county commissioners.
Source:
SL 1919, ch 282; SL 1929, ch 210, §8; SDC 1939, §27.1904; SL 1945, ch 111; SL 1953, ch 126; SL 1966, ch 78.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-8.1 - Determination of professional staff--Discrimination between practitioners prohibited.

34-8-8.1. Determination of professional staff--Discrimination between practitioners prohibited.
A governing board of a hospital subject to chapter 34-8 shall reasonably and properly determine, subject to the right of judicial review, the membership of the professional staff of the hospital and delineate the staff privileges, but it shall not discriminate between licensed practitioners of the various healing arts.
Source:
SL 1981, ch 257, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-10 - Leasing in lieu of county operation of hospital--Bond required.

34-8-10. Leasing in lieu of county operation of hospital--Bond required.
The board of county commissioners, instead of maintaining and operating said hospital in the name of the county, may call for bids for the leasing thereof for a term of years, to competent and responsible societies or corporations, which shall furnish a sufficient bond to be approved by the board of county commissioners, for the proper fulfillment of all the terms of the lease; in which case the county shall be released from responsibility in the maintenance and operation thereof and from any debt incurred thereby.
Source:
SL 1919, ch 282; SL 1929, ch 210, §11; SDC 1939, §27.1907.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-11 - County hospital as public hospital--Charges paid from county general fund--Collection of accounts.

34-8-11. County hospital as public hospital--Charges paid from county general fund--Collection of accounts.
Every county hospital established and maintained under the provisions of this chapter shall be kept and maintained as a public, county hospital. It may charge a reasonable price for the use of such hospital and its facilities to such persons being residents of the county as may be determined by the board of county commissioners to be county charges without means and in that event the cost of such services at such hospital shall be paid to the hospital fund from the general fund on behalf of such county charges. It may also collect accounts which are due and it may employ collection agencies or attorneys on a contingent fee basis or may assign the claim for collection.
Source:
SL 1919, ch 282; SL 1929, ch 210, §10; SDC 1939, §27.1906; SL 1949, ch 108, §1; SL 1957, ch 120; SL 1965, ch 129; SL 1983, ch 254; SL 1985, ch 77, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-12 - Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund.

34-8-12. Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund.
The board of county commissioners shall establish rules, not inconsistent with the laws of this state, covering the admission of persons to the county hospital provided for in §34-8-1, and shall require every person admitted to such hospital to pay the county the cost of his care therein, all moneys so received to be credited to the county general fund. In the case of poor and indigent persons, the board shall pay the cost of the care of such persons out of the general fund.
Source:
SL 1909, ch 265, §§2, 3; RC 1919, §10046; SDC 1939, §50.0108; SL 1985, ch 77, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-13 - Receipts for payments to hospital.

34-8-13. Receipts for payments to hospital.
Triplicate receipts shall be issued by the secretary of the board of trustees for all moneys received, showing the amount of money received, the date of its receipt, and the person from whom, and the purpose for which it was received. The original of such receipt shall be delivered to the payor, one copy thereof shall be delivered to the county treasurer, and one copy retained in the files of the board of trustees after having been audited and approved by the board of county commissioners.
Source:
SL 1919, ch 282; SL 1929, ch 210, §9; SDC 1939, §27.1905.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-14 - Lien of county for hospital costs paid from poor fund.

34-8-14. Lien of county for hospital costs paid from poor fund.
Whenever any county within this state shall become obligated to and does pay the hospital bills and charges for any of the persons defined in §34-8-11 as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal except property absolutely exempt from seizure and sale, of such persons defined herein, for all sums expended therefor by any county; such lien shall be established, recorded and foreclosed as provided by chapter 28-14, and all the provisions of said chapter are hereby made applicable thereto.
Source:
SDC 1939, §27.1906 as added by SL 1949, ch 108, §2; SL 1957, ch 120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-15 - Lien for cost of hospital services provided persons other than county charges.

34-8-15. Lien for cost of hospital services provided persons other than county charges.
Whenever any county within this state, maintaining and operating a hospital under the provisions of this chapter, is requested to and does furnish the use of its hospital and its facilities to any person or to any member of such person's family, who may be other than persons defined as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal, except property absolutely exempt from seizure and sale, of such person who receives the use of such hospital and its facilities for the cost of the services charged to such person for the use of such hospital and its facilities.
Source:
SDC 1939, §27.1906 as added by SL 1957, ch 120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-16 - Termination of lien for hospital charges.

34-8-16. Termination of lien for hospital charges.
The lien provided for in §34-8-15 shall cease at the end of ninety days after the rendering of the last service or the last use of the facilities of such hospital, unless the board of county commissioners shall direct the county auditor to cause to be filed with the register of deeds the verified statement provided for in §34-8-17.
Source:
SDC 1939, §27.1906 as added by SL 1957, ch 120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-17 - Filing of statement of hospital charges--Indexing and notice of lien.

34-8-17. Filing of statement of hospital charges--Indexing and notice of lien.
Whenever directed by the board of county commissioners, of the county maintaining and operating a hospital under the provisions of this chapter, the auditor of said county shall cause to be filed in the office of the register of deeds of such county a verified statement containing the name of any such person, other than a county charge without means, receiving the use of such hospital and its facilities, including the name of the person obligated for the support of such person if it be other than the recipient of the services, together with the amount of the charges for the services rendered. Upon the filing of such statement the register of deeds shall index the same in a record to be provided for the purpose, and from the time of the filing thereof it shall constitute actual notice to all persons of the lien as provided in §34-8-15. A certified copy of such statement may be filed in the office of the register of deeds of any county in the state, and shall be filed and indexed as a part of the public aid to poor lien records of such county; and from the time of filing thereof shall constitute actual notice to all persons of a lien upon any property of said person in said county to the extent as provided in §34-8-15.
Source:
SDC 1939, §27.1906 as added by SL 1957, ch 120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-18 - Foreclosure of lien for hospital charges.

34-8-18. Foreclosure of lien for hospital charges.
The lien provided by §34-8-15 shall be foreclosed as provided by chapter 28-14, and all property acquired by the county upon any such foreclosure shall be disposed of as provided by said chapter.
Source:
SDC 1939, §27.1906 as added by SL 1957, ch 120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-19 - County levy for operation and maintenance of hospital.

34-8-19. County levy for operation and maintenance of hospital.
The board of county commissioners of any county maintaining, operating, or leasing to any organization a county hospital shall appropriate from the general fund an amount sufficient to operate and maintain the county hospital.
Source:
SDC 1939, §27.1909 as enacted by SL 1951, ch 133; SL 1964, ch 89; SL 1966, ch 79; SL 1975, ch 217; SL 1980, ch 239; SL 1985, ch 77, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-20 - Monthly payment of hospital receipts into fund--Use of surplus in fund.

34-8-20. Monthly payment of hospital receipts into fund--Use of surplus in fund.
The board of trustees shall at least once in each month pay to the county treasurer all moneys received by them as hospital fees or otherwise, which shall be by him deposited in the county hospital fund, which fund shall be available for the payment of any expenses incurred in operating such county hospital. The county commissioners may appropriate by resolution any surplus moneys in the county hospital fund for the purpose of constructing or renovating hospital facilities or equipping such facilities.
Source:
SL 1919, ch 282; SL 1929, ch 210, §9; SDC 1939, §27.1905; SL 1970, ch 196; SL 1985, ch 77, §20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-22 - Warrants for disbursements from hospital fund.

34-8-22. Warrants for disbursements from hospital fund.
Warrants drawn by the board of county commissioners for the payment of expenses of operating and maintaining the hospital shall be upon vouchers approved and signed by the president and secretary of the board of trustees.
Source:
SL 1919, ch 282; SL 1929, ch 210, §9; SDC 1939, §27.1905.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08 - County Hospitals › Section 34-8-23 - County wards in other hospitals--Appropriation.

34-8-23. County wards in other hospitals--Appropriation.
The board of county commissioners of any county in which no county hospital has been established may establish one or more wards in any public or private hospital situated in the county, or any adjoining county for the use of the county under such regulations as may be agreed upon. For such purpose the board shall appropriate the necessary money from the general fund.
Source:
SL 1929, ch 210, §16; SDC 1939, §27.1908; SL 1985, ch 77, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08A - County And Municipal Loans And Grants For Medical Services › Section 34-8A-1 - Loans and grants to individuals authorized--Unanimous vote required--Purpose.

34-8A-1. Loans and grants to individuals authorized--Unanimous vote required--Purpose.
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.
Source:
SL 1973, ch 43, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08A - County And Municipal Loans And Grants For Medical Services › Section 34-8A-2 - Joint action by counties and municipality.

34-8A-2. Joint action by counties and municipality.
The boards of county commissioners of several contiguous counties and/or the local governing body may jointly enter into contractual arrangements to carry out the purposes of this chapter.
Source:
SL 1973, ch 43, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 08A - County And Municipal Loans And Grants For Medical Services › Section 34-8A-3 - Reimbursement terms set forth when loan negotiated.

34-8A-3. Reimbursement terms set forth when loan negotiated.
The board of county commissioners and/or local governing body shall set forth at the time of the negotiation of the contract for grant or loan, the time and method of reimbursement, if any, to the appropriate fund, by the individual or individuals, who will provide professional medical services.
Source:
SL 1973, ch 43, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-1 - City power to establish and maintain hospital--Leases--Agreements with county.

34-9-1. City power to establish and maintain hospital--Leases--Agreements with county.
Every city may:
(1)Establish, construct, purchase, and maintain hospitals and medical clinics and regulate the same;
(2)Lease any hospital and medical facilities to persons and private or public corporations, limited liability companies, associations, or other organizations for the purpose of operation for a period, not to exceed ninety-nine years, provided that in the opinion of the governing body the needs of the municipality can best be served thereby;
(3)Receive and accept financial aid from counties for the erection and construction of public hospitals upon such conditions as may be agreed upon and to irrevocably obligate itself to repay such county for such aid out of common revenue in the event the operation and maintenance of the hospital is discontinued or abandoned for any cause by the city.
Source:
SL 1887, ch 73, art IV, subdiv 61; CL 1887, §885, subdiv 61; SL 1890, ch 37, art V, §1, subdiv 62; RPolC 1903, §1229, subdiv 62; SL 1913, ch 119, §53; RC 1919, §6170 (10); SDC 1939, §45.0202(2); SL 1947, ch 196; SL 1951, ch 240; SL 1959, ch 265; SL 1964, ch 140; SL 1968, ch 180; SL 1978, ch 62, §34; SL 1992, ch 60, §2; SL 1994, ch 351, §55.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-2 - Types of institutions covered.

34-9-2. Types of institutions covered.
In §34-9-1, the term "hospital" may be construed to include a nursing facility or a home for the aged.
Source:
SDC 1939, §45.0202 (2) as added by SL 1959, ch 265; SL 1964, ch 140; SL 1968, ch 180.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-4 - Counties permitted to assist municipal hospitals.

34-9-4. Counties permitted to assist municipal hospitals.
The provisions of §34-9-5 shall apply to all counties.
Source:
SL 1947, ch 222, §3; SDC Supp 1960, §27.19A01; SL 1971, ch 201, §1; SL 1971, ch 202, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-5 - County commissioners' resolution to aid city hospital--Method of financing.

34-9-5. County commissioners' resolution to aid city hospital--Method of financing.
If a first or second class municipality within a county which has no established county hospital makes provisions to construct, equip, and operate a public hospital having a capacity of not less than twenty patients and the board of county commissioners determines that the operation of a hospital will be beneficial to the public and that a necessity exists for it and, in order to provide to the public a hospital facility, it will be necessary for the county to provide financial aid to the municipality for the cost to construct a hospital building, it may, by appropriate resolution, declare a public necessity to exist and that it is desirable that the county render financial aid to the municipality in an amount not to exceed one-half of the cost to construct a hospital building and that the funds may be made available:
(1)Out of unappropriated funds belonging to the county; or
(2)By issuance and sale of its general obligation bonds pursuant to chapter 7-24.
Source:
SL 1947, ch 222, §1; SDC Supp 1960, §27.19A02; SL 1984, ch 43, §114; SL 1985, ch 77, §22; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-7.1 - County aid in operation of hospital established by first or second class municipality.

34-9-7.1. County aid in operation of hospital established by first or second class municipality.
Whenever a first or second class municipality has established a hospital as provided by §34-9-5, and without regard to whether a county has participated in the cost of its construction as provided in §34-9-5, the board of county commissioners may, by appropriate resolution, render financial aid to such first or second class municipality for the cost of equipment, operation, and maintenance of such hospital. The term "hospital" as used in this section shall not include a nursing facility or a home for the aged.
Source:
SL 1971, ch 201, §2; SL 1971, ch 202, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-8 - Town power to maintain hospitals and dispensaries--Acceptance of donations and federal grants.

34-9-8. Town power to maintain hospitals and dispensaries--Acceptance of donations and federal grants.
In addition to other powers granted, municipalities of the third class, as defined by law, shall have power to establish, construct, and maintain hospitals and medical dispensaries and to regulate the same.
In constructing, or establishing any such hospital or medical dispensary such municipalities are authorized to receive and accept gifts or donations of money or property to be used for such purpose and are further authorized to cooperate with any federal agency in order to secure the benefits of any federal aid project in establishing and constructing any such hospital or medical dispensary so far as such project may be practical and beneficial.
Source:
SL 1941, ch 208; SDC Supp 1960, §45.0206.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-9 - Transfer of surplus municipal funds to private hospitals authorized.

34-9-9. Transfer of surplus municipal funds to private hospitals authorized.
Authority is hereby granted to municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to private hospital corporations towards the cost of construction of any hospital to be constructed or now under construction or towards the retirement of any indebtedness incurred in the construction of a hospital in such municipality; provided such transfer of funds shall be made through a majority vote of the governing body of the municipality and accepted by a majority vote of the directors of such hospital corporation.
Source:
SL 1949, ch 200, §1; SL 1953, ch 259; SDC Supp 1960, §45.1437.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-10 - Conditions for transfer of municipal funds to private hospital--Transfer of tax funds prohibited.

34-9-10. Conditions for transfer of municipal funds to private hospital--Transfer of tax funds prohibited.
A municipality may not transfer surplus funds under §34-9-9 unless:
(1)No other hospital operates within the municipality and the Department of Health has issued no license for the operation of a hospital within the municipality;
(2)At least fifty percent of the total cost of the construction project has been raised from sources other than those to be derived through the transfer of the surplus funds, based upon estimates of any architect or firm of architects registered by the Board of Technical Professions; and
(3)The articles of incorporation of the hospital corporation provide that no part of the hospital corporation's earnings shall inure, or may lawfully inure, to the benefit of any member or private shareholder.
Funds acquired through legal tax levy in the municipality may not be transferred.
Source:
SL 1949, ch 200, §§1, 2; SL 1953, ch 259; SDC Supp 1960, §45.1437; SL 1990, ch 309, §4; SL 2019, ch 176, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-11 - Donation of municipal hospital property to nonprofit corporation--Use by corporation as health care facility or medical clinic.

34-9-11. Donation of municipal hospital property to nonprofit corporation--Use by corporation as health care facility or medical clinic.
In addition to other powers granted, any municipality may by resolution give to a nonprofit corporation, real and personal property owned by the municipality and used by it in the operation of a health care facility as defined in §34-12-1.1 or a medical clinic. However, the transfer of property shall be accepted by a majority vote of the directors of the nonprofit corporation, and the property transferred, or the proceeds from the sale thereof, shall be used by the nonprofit corporation in the operation of a health care facility as defined in §34-12-1.1 or a medical clinic.
Source:
SL 1972, ch 191; SL 2000, ch 164, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-12 - Conditions for transfer of municipal property to corporation.

34-9-12. Conditions for transfer of municipal property to corporation.
No transfer of property shall be made pursuant to §34-9-11 except under the conditions as set forth in subdivisions 34-9-10(1) and (3).
Source:
SL 1972, ch 191.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 09 - Municipal Hospitals › Section 34-9-14 - Approval of municipality required for sale of real property by corporation.

34-9-14. Approval of municipality required for sale of real property by corporation.
Should the nonprofit corporation receiving the property desire to dispose of any of the real property transferred pursuant to §34-9-11 through sale to a third party, the approval of the municipality must first be obtained.
Source:
SL 1972, ch 191.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 10 - Public Hospital Districts › Section 34-10-1 - Purpose of chapter--Types of institutions included.

34-10-1. Purpose of chapter--Types of institutions included.
The purpose of this chapter is to authorize the establishment of public hospital districts, which shall have power to own and operate and equip public hospitals, or to lease and operate public hospitals, or to maintain or aid in the maintenance and operation of a public hospital, and in either case to supply hospital facilities and services to residents of such districts, and as herein authorized, to others, and to issue bonds and levy taxes for the payment of the same. In this chapter the term "hospital" or "public hospital" shall include a nursing facility or home for the aged.
Source:
SL 1959, ch 135, §§1, 20; SDC Supp 1960, §§27.19B01, 27.19B20.