34-11A-1
Petition by voters or resolution by county commissioners for
establishment of district.
34-11A-2
Requirement for inclusion of municipality in district.
34-11A-3
Contents of petition or resolution.
34-11A-4
Certification of petition--Designation of time and place for hearing.
34-11A-5
Two or more counties in proposed district--Procedure.
34-11A-6
Notice of hearing.
34-11A-7
Conduct of hearing--Order and filing of determination.
34-11A-8
Conduct of election.
34-11A-9 to 34-11A-11.
Repealed.
34-11A-12
Board of directors--Election--Certain persons ineligible.
34-11A-13
Board of directors--Meeting to elect officers.
34-11A-14
Terms of directors and officers--Compensation of ambulance district
director.
34-11A-15
District constitutes body politic and corporate.
34-11A-16
General powers of directors.
34-11A-17
Contracts with other districts or agencies authorized.
34-11A-18
Annual estimate and certification of expenses--Source of payment.
34-11A-19
Estimate certified--Date.
34-11A-20
Tax levy--Limitations--Exemption of district from general county levy for
ambulance service.
34-11A-21
Tax levy and special assessment--Collection.
34-11A-22
Tax levy and special assessment--Deposit--Bond of secretary-treasurer.
34-11A-23
Tax exempt organizations--Assessment of property--Annual statement of
payments.
34-11A-24
Limitation on indebtedness--Power to borrow money.
34-11A-25
Deposit of funds--Warrant for disbursement.
34-11A-26
Claim vouchers.
34-11A-27
Examination of financial reports of secretary-treasurer.
34-11A-28
Change of district boundaries.
34-11A-29
Annual and special meetings of voters--Annual election--Notice of
election.
34-11A-30
Report of secretary-treasurer.
34-11A-31
Capital outlay fund established--Uses.
34-11A-32
Tax levy for capital outlay fund.
34-11A-33
Public hearing required for certain expenditures of capital outlay fund.
34-11A-34
Deferred compensation program for volunteer advanced life support
personnel.
34-11A-1. Petition by voters or resolution by county commissioners for establishment of district.
If persons in any rural territory request to form, organize, establish, equip, and maintain an ambulance district, the petition shall be presented to the county auditor of each county in which the territory is situated setting forth their desires and purposes. Alternatively, the board of county commissioners in each county where the ambulance district would be situated may initiate formation of the district by resolution.
Source: SL 1982, ch 259, § 1; SL 1998, ch 36, § 19; SL 2003, ch 181, § 1.
34-11A-2. Requirement for inclusion of municipality in district.
Any municipality located within the area may be included in the ambulance district if at least twenty percent of the number of registered voters within the municipality voting in the last gubernatorial election sign a separate petition from that municipality, or if the governing body of the municipality establishes intent by passing a resolution so indicating.
Source: SL 1982, ch 259, § 2; SL 1992 ch 60, § 2; SL 1998, ch 36, § 20; SL 2002, ch 144, § 3; SL 2007, ch 191, § 1.
34-11A-3. Contents of petition or resolution.
The petition shall contain the suggested name of the proposed district, the area to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed ambulance district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district and shall deposit with the county auditor a sum sufficient to defray the expenses of publishing the notices required by §§ 34-11A-6 and 6-16-4.
Source: SL 1982, ch 259, § 3; SL 1998, ch 36, § 21; SL 2003, ch 181, § 2.
34-11A-4. Certification of petition--Designation of time and place for hearing.
Upon the filing of petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by at least twenty percent of the number of registered voters voting in the last gubernatorial election within the proposed district. If the petition contains sufficient names, the county auditor shall designate a time and place for the petition or resolution of the county commissioners to be heard by the board of county commissioners.
Source: SL 1982, ch 259, § 4; SL 1998, ch 36, § 22; SL 2007, ch 191, § 2.
34-11A-5. Two or more counties in proposed district--Procedure.
If the proposed district is situated within two or more counties, the county auditor of the county containing the largest area, shall confer with the auditor of any other county concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining to such county. Thereafter the auditor of the county containing the largest area shall designate a time and place for hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in a manner provided in § 34-11A-6.
Source: SL 1982, ch 259, § 5; SL 2000, ch 165, § 1.
34-11A-6. Notice of hearing.
Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing and shall include a statement of the proposed boundaries as set forth in the petition.
Source: SL 1982, ch 259, § 6; SL 1998, ch 36, § 23.
34-11A-7. Conduct of hearing--Order and filing of determination.
At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the ambulance service policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated.
Source: SL 1982, ch 259, § 7.
34-11A-8. Conduct of election.
Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§ 6-16-4 to 6-16-6, inclusive.
Source: SL 1982, ch 259, § 8; SL 1998, ch 36, § 24.
34-11A-12. Board of directors--Election--Certain persons ineligible.
Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. No employee of the ambulance district may serve as a director.
Source: SL 1982, ch 259, § 12; SL 2000, ch 165, § 2.
34-11A-13. Board of directors--Meeting to elect officers.
The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice-president, and a secretary-treasurer.
Source: SL 1982, ch 259, § 13.
34-11A-14. Terms of directors and officers--Compensation of ambulance district director.
All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice-president shall be elected as provided in § 34-11A-13 for a one-year term, and one-half, or as close to one-half as possible depending upon the total number of directors, of the directors elected at the first election shall be selected by lot in the presence of a majority of such directors to serve one-year terms. An ambulance district director may receive compensation for his services in an amount not to exceed forty dollars per day and may receive expenses, including traveling expenses, necessarily incurred in the discharge of his duties.
Source: SL 1982, ch 259, § 14; SL 1988, ch 275, § 1.
34-11A-15. District constitutes body politic and corporate.
Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10, the district under its designated name shall be and constitute a body politic and corporate.
Source: SL 1982, ch 259, § 15.
34-11A-16. General powers of directors.
The board of directors has the following general powers:
(1) To determine upon a general ambulance service program for the district;
(2) To manage and conduct the business affairs of the district;
(3) To make and execute contracts in the name of and on behalf of the district;
(4) To purchase or lease such ambulance equipment, supplies, and other real or personal property as may be necessary to carry out the ambulance service program of the district;
(5) To incur indebtedness on behalf of the district within the limits prescribed by § 34-11A-24, and to authorize the issuance of evidences of the indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security;
(6) To organize, establish, equip, maintain, and supervise an ambulance service to serve the district;
(7) Generally to perform all acts necessary to fully carry out the purposes of this chapter; and
(8) To levy a tax and a special assessment as provided by this chapter.
Source: SL 1982, ch 259, § 16; SL 2000, ch 166, § 1.
34-11A-17. Contracts with other districts or agencies authorized.
Any ambulance district may elect to enter into a contract with another ambulance district to consolidate or cooperate for mutual service, or may enter into a contract with any federal, state, or local government agency for ambulance service upon suitable terms.
Source: SL 1982, ch 259, § 17.
34-11A-18. Annual estimate and certification of expenses--Source of payment.
The board of directors may make an annual estimate of the probable expense for carrying out the ambulance service program for the district.
The board of directors shall, by resolution, certify the estimate to the proper county auditor in the manner provided by § 34-11A-19. The resolution shall state if the estimate shall be paid by a general tax levy against all taxable real property located within the district, by a special assessment against the real property within the district that is specifically benefited by the project, or by both a general tax levy and a special assessment with a portion to be paid by each.
Source: SL 1982, ch 259, § 18; SL 2000, ch 166, § 2.
34-11A-19. Estimate certified--Date.
The estimate provided by § 34-11A-18 shall be certified by the president and secretary to any affected county auditor on or before June thirtieth of each year.
Source: SL 1982, ch 259, § 19; SL 2000, ch 165, § 3; SL 2000, ch 166, § 3.
34-11A-20. Tax levy--Limitations--Exemption of district from general county levy for ambulance service.
No tax in excess of sixty cents per thousand dollars of taxable valuation upon the property within an ambulance district may be levied for such district pursuant to the provisions of this chapter. The amount of money received from the tax levy on all property within the district plus the amount of money received from the imposition of any special assessment within the district may not exceed the amount which would be raised by a general tax levy of sixty cents per thousand dollars upon all property within an ambulance district.
In no case may the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the ensuing year.
However, no district organized pursuant to this chapter is subject to any general county levy for ambulance service.
Source: SL 1982, ch 259, §§ 20, 20A, 21; SL 1989, ch 87, § 15H; SL 2000, ch 166, § 4.
34-11A-21. Tax levy and special assessment--Collection.
The tax and the special assessment shall be collected as other taxes and special assessments are collected in the county.
Source: SL 1982, ch 259, § 22; SL 2000, ch 166, § 5.
34-11A-22. Tax levy and special assessment--Deposit--Bond of secretary-treasurer.
The tax and the special assessment shall be deposited with the secretary-treasurer of the ambulance district, who shall have a surety bond in the amount of at least five thousand dollars.
Source: SL 1982, ch 259, § 23; SL 2000, ch 166, § 6.
34-11A-23. Tax exempt organizations--Assessment of property--Annual statement of payments.
Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within an ambulance district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for ambulance service such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy. For the purposes of this section, such property shall be assessed by the director of equalization of the county in which such property lies, or by his deputies.
The board of directors shall file an annual statement with the Department of Health showing the names of persons or organizations making payments and the amounts of payments made under this section.
Source: SL 1982, ch 259, §§ 24, 25; SL 2004, ch 17, § 208; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015.
34-11A-24. Limitation on indebtedness--Power to borrow money.
No district may become indebted for an amount that is not payable from ten annual maximum tax levies as authorized by § 34-11A-19. With the limits herein authorized, the district shall have power to borrow money at a rate not in excess of twelve percent and to issue appropriate evidence of indebtedness thereof.
Source: SL 1982, ch 259, § 26.
34-11A-25. Deposit of funds--Warrant for disbursement.
All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in a state or national bank to the credit of the district fund and shall be drawn out only by warrant.
Source: SL 1982, ch 259, § 27.
34-11A-26. Claim vouchers.
Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district.
Source: SL 1982, ch 259, § 28.
34-11A-27. Examination of financial reports of secretary-treasurer.
When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary-treasurer of the ambulance district. The secretary-treasurer of the ambulance district shall, on or before January thirty-first of each year, file a financial report of the previous calendar year with the appropriate county auditor.
Source: SL 1982, ch 259, § 29; SL 1988, ch 276.
34-11A-28. Change of district boundaries.
The boundaries of any ambulance district organized under the provisions of this chapter may be changed in the manner prescribed for establishment of a district, or the board of directors of an ambulance district may submit a proposed decrease in the size of the district to voters at an annual or special meeting. However, the change of boundaries of a district does not impair or affect the district's organization or right in or to property; nor does the change of boundaries impair, affect, or discharge any contract, obligation, lien, or change for or upon which the district may be liable had the change of boundaries not been made.
Source: SL 1982, ch 259, § 30; SL 2000, ch 32, § 5; SL 2000, ch 165, § 4.
34-11A-29. Annual and special meetings of voters--Annual election--Notice of election.
A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election shall be conducted during the regular meeting consistent with the provisions of chapter 8-3. Notice of the annual election shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication of the notice.
Source: SL 1982, ch 259, § 31; SL 2002, ch 144, § 4; SL 2007, ch 75, § 5.
34-11A-30. Report of secretary-treasurer.
The secretary-treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district.
Source: SL 1982, ch 259, § 32.
34-11A-31. Capital outlay fund established--Uses.
The capital outlay fund of an ambulance district is a fund provided by law to meet expenditures of three hundred dollars or more which result in the acquisition of or additions to real property, plant or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment.
Source: SL 1992, ch 241, § 1.
34-11A-32. Tax levy for capital outlay fund.
In addition to any tax levy authorized pursuant to § 34-11A-19 or 34-11A-20, the board of directors of an ambulance district may authorize an annual levy of a tax not to exceed fifty cents per thousand dollars of taxable valuation on the taxable valuation of the district for the capital outlay fund.
Source: SL 1992, ch 241, § 2.
34-11A-33. Public hearing required for certain expenditures of capital outlay fund.
Any district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which will require advertising for bids under chapter 5-18, must have a public hearing at least ten days prior to the advertisement of any contract specifications. Such public hearing shall be advertised in the legal newspapers of each county where the district has territory. Following such public hearing, and approval of the board of directors, the district may use the capital outlay fund as provided in § 34-11A-32. However, if a district changes the originally advertised use of the fund it shall hold another public hearing.
Source: SL 1992, ch 241, § 3.
34-11A-34. Deferred compensation program for volunteer advanced life support personnel.
Any ambulance district with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the ambulance district or by the volunteer advanced life support personnel and may be managed through the ambulance district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each ambulance district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source: SL 2011, ch 36, § 4.
