34-31-1      County agreements with other agencies for fire protection or purchase of equipment.
34-31-2      County agreements with other agencies for training and payment of costs.
34-31-3      County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year.
34-31-4      Municipal contracts with other agencies for fire protection.
34-31-5      Validation of prior municipal contracts for fire protection.
34-31-6      Fire equipment shop--Acquisition, renovation, and distribution of equipment and excess vehicles--Assistance programs.
34-31-7      Fire equipment fund created--Revenue.
34-31-8      Purchase of used motor vehicles and equipment at auctions of surplus property or from utility companies--Cost assistance programs.
34-31-9      Repealed.

34-31-1. County agreements with other agencies for fire protection or purchase of equipment.

The boards of county commissioners of the counties of this state may, in their discretion, cooperate with the governing bodies of organized townships or municipal corporations within their respective counties, with organized townships or municipal corporations in adjacent counties, the secretary of public safety or his designee, nonprofit fire protection corporations or associations, and with the boards of county commissioners, organized townships or municipal corporations within adjacent states when reciprocal agreements between the contracting parties have been provided in the purchase and operation of any fire-fighting equipment or fire protection to safeguard the range, farm and forest lands within their respective counties and in prevention of fire nuisances thereon.

Source: SL 1947, ch 46, § 1; SL 1953, ch 19; SDC Supp 1960, § 12.0617-4; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, § 1; SL 1980, ch 246; SL 1985, ch 15, § 43; SL 2002, ch 252 (Ex. Ord. 02-1), § 9; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.

34-31-2. County agreements with other agencies for training and payment of costs.

The boards of county commissioners of the counties of this state may participate in cooperation with the organized townships and municipal corporations within their respective counties, organized townships and municipal corporations in adjacent counties, or the fire-fighting agencies thereof, and with organized townships, boards of county commissioners or municipal corporations in adjacent states when reciprocal agreements between contracting parties have been provided and with the secretary of public safety or his designee in the organization and training of rural fire-fighting groups, and in the payment of the operation and maintenance of fire-fighting equipment and in the cost of suppressing fires.

Source: SL 1947, ch 46, § 2; SL 1953, ch 19; SDC Supp 1960, § 12.0617-4; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, § 2; SL 1985, ch 15, § 44; SL 2002, ch 252 (Ex. Ord. 02-1), § 10; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.

34-31-3. County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year.

For the purpose of carrying out the provisions of §§ 34-31-1 and 34-31-2, the board of county commissioners may levy a tax not to exceed sixty cents per thousand dollars of taxable valuation in the county outside the limits of any municipality which provides fire protection service. However, the governing body of any municipality may by ordinance petition the board of county commissioners to include the taxable valuation within the limits of the municipality under the aforementioned levy for county fire protection service. The inclusion of the taxable valuation within the limits of the municipality under the levy for county fire protection service shall be in addition to the municipal levy for fire protection as provided in chapter 9-33. The proceeds of such tax shall be used only for the purposes of §§ 34-31-1 and 34-31-2 in the county in which the tax is levied and unexpended balances at the end of the fiscal year may not revert to the general fund but shall be permitted to accumulate and shall be available for carrying out the purposes of §§ 34-31-1 and 34-31-2. The levy authorized by this section is in addition to the levy authorized in § 10-12-21.

Source: SL 1947, ch 46, § 3; SL 1953, ch 19; SDC Supp 1960, § 12.0617-4; SL 1965, ch 26; SL 1975, ch 223; SL 1976, ch 223, § 1; SL 1985, ch 15, § 45; SL 1985, ch 77, § 23; SL 1989, ch 87, § 15E.

34-31-4. Municipal contracts with other agencies for fire protection.

Every municipality shall have power when and to the extent deemed expedient by its governing body, to enter into contracts for the furnishing of fire-fighting equipment and protection for the municipality, with any other political subdivision or subdivisions or with any nonprofit fire protection corporation or association legally organized, provided that any contracts so entered shall extend for a term of not to exceed ten years. The term "nonprofit fire protection corporation or association" as used herein shall include any corporation or association legally organized for the primary purpose of providing fire-fighting equipment and protection for a particular political subdivision or subdivisions, and operated on a nonprofit basis. Such contracts may be entered into with political subdivisions of adjoining states when reciprocal agreements between the contracting parties have been provided.

Source: SDC Supp 1960, § 45.0201-1 (22) as added by SL 1961, ch 244, § 1; SL 1971, ch 206, § 3.

34-31-5. Validation of prior municipal contracts for fire protection.

All acts of municipalities of this state prior to March 9, 1961, contracting with other political subdivisions or with nonprofit fire protection corporations or associations for the furnishing of fire-fighting equipment and protection for the municipality are hereby validated.

Source: SL 1961, ch 244, § 2.

34-31-6. Fire equipment shop--Acquisition, renovation, and distribution of equipment and excess vehicles--Assistance programs.

The Department of Public Safety may operate a fire equipment shop to acquire and renovate equipment and distribute fire equipment, supplies and parts, which are not available through the Bureau of Human Resources and Administration, and federal and state excess vehicles and property to counties and rural fire departments or districts for the suppression of rural fires. The department may charge recipients for reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and supplies to counties and rural fire departments or districts. The department may administer federal and state cost assistance programs related to such rural fire protection. The vehicles and property may be provided with clear title by the department to counties and rural fire departments or districts, or the title may be retained by the state or federal government.

Source: SL 1984, ch 277, § 1; SL 1986, ch 285, § 2; SL 2002, ch 252 (Ex. Ord. 02-1), § 11; SL 2004, ch 237, § 1; SL 2009, ch 169, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

34-31-7. Fire equipment fund created--Revenue.

There is created in the state treasury the fire equipment fund. All revenues collected from counties and volunteer fire departments pursuant to § 34-31-6 shall be deposited in the fund for the administration of the provisions of § 34-31-6.

Source: SL 1984, ch 277, § 3.

34-31-8. Purchase of used motor vehicles and equipment at auctions of surplus property or from utility companies--Cost assistance programs.

Notwithstanding the provisions of § 5-18D-25, the Department of Public Safety may purchase used motor vehicles and equipment at auctions of federal and state surplus property, or from public and private utility companies, irrespective of whether or not the sellers of the vehicles are licensed dealers as required by § 5-18D-25, for distribution to fire departments or districts for fire suppression. The department may charge recipients for reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and supplies to counties and rural fire departments or districts. The department may administer federal and state cost assistance programs related to such rural fire protection.

Source: SL 1986, ch 285, § 1; SL 2002, ch 252 (Ex. Ord. 02-1), § 12; SL 2004, ch 237, § 2; SL 2011, ch 2, § 139; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.