34-10-1
Purpose of chapter--Types of institutions included.
34-10-2
Electors' petition for establishment of district--Number of signers required--Filing--Petition for hospital bond election.
34-10-3
Election on district establishment and for trustees--Election officials and
precincts.
34-10-4
Joint action of county commissioners of two or more counties.
34-10-5
Notice of election on establishment of district--General election laws
applicable.
34-10-6
List of electors obtained from county auditors.
34-10-7
Qualifications of electors on establishment of district.
34-10-8
Repealed.
34-10-9
Percentage of votes required for establishment of district--Commissioners'
certification of result.
34-10-10
Annexation of territory by district--Petition, hearing, and order.
34-10-11
Board of trustees to manage district.
34-10-12
Terms of office of trustees--Election of first board.
34-10-13
Nomination of trustees--Date and notice of elections.
34-10-14
Trustees unpaid--Vacancy on board--Records of actions.
34-10-15
Rules, regulations, and bylaws of district--Officers--Place of business--Legal
counsel.
34-10-16
Power to acquire hospital facilities--Authorization, issuance and sale of bonds--Amount limited.
34-10-17
Repealed.
34-10-18
Failure of bond issue on failure of district.
34-10-19, 34-10-20. Repealed.
34-10-21
Tax levy for retirement of bonds.
34-10-22
Reduction of tax levy on payment of other moneys into debt service fund.
34-10-23
Payment of bonds when debt service fund insufficient--Reimbursement from
subsequent tax levies--Additional levies.
34-10-24
Collection of taxes levied--Transfer of collections to district treasurer.
34-10-25
Tax levy in lieu of bonds--Accumulation of construction fund--Election on use
of fund.
34-10-26
Tax levy for operation and maintenance of hospital--Maximum levy.
34-10-27
Accounting for district funds--Disbursements.
34-10-28
Lease of hospital facilities to others.
34-10-29
Annual audit of district affairs--Report of audit.
34-10-30
Dissolution of district--Provision for indebtedness.
34-10-31
Effective date of dissolution--Certification as to indebtedness.
34-10-32
Sale of property on dissolution--Funds transferred to counties.
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.
34-10-2. Electors' petition for establishment of district--Number of signers required--Filing--Petition for hospital bond election.
Whenever a petition praying that a public hospital district be established signed by not less than ten percent of the resident electors residing within the boundaries of the proposed public hospital district, which petition shall definitely describe the boundaries of the proposed district and request that the territory within said boundaries be organized into a public hospital district, shall be filed with the county auditor of the county within which said district is situated, and a duplicate thereof with the county auditor of each county where the district extends in more than one county; the same shall be presented by said county auditor or auditors to the board or boards of county commissioners at the first ensuing regular, adjourned, or special meeting of said board or boards. A petition for a popular vote on the question of issuing hospital bonds may be submitted at the same time or at a separate election after formation of the district. The petition for a bond issue election shall be subject to the same requirements as a petition for the creation of a hospital district.
Source: SL 1959, ch 135, § 2; SDC Supp 1960, § 27.19B02; SL 1972, ch 15, § 3.
34-10-3. Election on district establishment and for trustees--Election officials and precincts.
The board of county commissioners at the next regular, adjourned, or special session shall canvass the petition or petitions and if signed by the requisite number of resident electors, it shall order an election to be held in all voting precincts in the proposed district not less than forty nor more than sixty days from the date of such order, upon the question of the creation of the district and, subject to the creation thereof, for the election of seven trustees of such proposed district. It shall appoint from the resident electors of each voting precinct as established for the purpose of the last general election, and included within the boundaries of said proposed district, three judges and two clerks of election for each said voting precinct. If only a portion of a precinct as established under the general election laws is included in said district, the board shall have authority in its order calling said election to attach said territory to an adjacent precinct for the purpose of such election or to establish said area as a new precinct.
Source: SL 1959, ch 135, § 3; SDC Supp 1960, § 27.19B03.
34-10-4. Joint action of county commissioners of two or more counties.
If the district extends into two or more counties, the boards of county commissioners shall, within thirty days after the filing of such petition, meet in joint session and canvass the same, and if found to be signed by the requisite number of resident electors in the district, they shall by joint action order such election and appoint judges and clerks of election as provided in § 34-10-3. Such joint session and all subsequent joint sessions required by this chapter shall be held at the county seat of the county having the largest portion of its territory included within the boundaries of said proposed district.
Source: SL 1959, ch 135, § 4; SDC Supp 1960, § 27.19B04; SL 1972, ch 15, § 3.
34-10-5. Notice of election on establishment of district--General election laws applicable.
The board, or, if in more than one county, the boards acting jointly, shall cause notice of said election to be given, setting forth the time and places of holding the same and the hours when the polls will open and close. Such notice shall be published for two consecutive weeks in a legal newspaper of general circulation within the district. The last date of such publication shall not be less than ten days before the date of said election. The hours of opening and closing of the polls shall be in accordance with the laws relating to general elections and except as otherwise specified herein the general election laws shall govern the conduct of such elections, canvassing of the vote, and declaration of the results.
Source: SL 1959, ch 135, § 5; SDC Supp 1960, § 27.19B05.
34-10-6. List of electors obtained from county auditors.
Before any election is held, the election board shall obtain from the county auditor or auditors a registration list for the area within the boundaries of the proposed district, which shall show the names of all qualified electors within the proposed district.
Source: SL 1959, ch 135, § 6; SDC Supp 1960, § 27.19B06.
34-10-7. Qualifications of electors on establishment of district.
Any person qualified as an elector under § 12-3-1 and resident of the proposed hospital district shall be entitled to vote.
Source: SL 1959, ch 135, § 8; SDC Supp 1960, § 27.19B08; SL 1972, ch 76, § 23.
34-10-9. Percentage of votes required for establishment of district--Commissioners' certification of result.
In the event that sixty percent of the votes cast in each voting precinct or portion thereof, which is included in the proposed district, are in favor of the creation and establishment of said public hospital district, the board or boards of county commissioners shall within ten days after the election, by resolution certify such result and proceed with the organization of such district as specified in this chapter.
Source: SL 1959, ch 135, § 9; SDC Supp 1960, § 27.19B09.
34-10-10. Annexation of territory by district--Petition, hearing, and order.
The boundaries of any public hospital district may be altered and outlying districts annexed from territory contiguous thereto in the following manner: a petition signed by sixty percent of the resident electors within the territory proposed to be annexed, designating the boundaries of such contiguous territory proposed to be annexed and asking that it be annexed to said public hospital district, shall be presented to the board of trustees. At the first regular meeting after the presentation of said petition, said board shall cause notice of said petition to be published in two successive issues of an official newspaper published in each county in which said district is situated prior to the date fixed by the board for a hearing of said petition, which date shall not be less than four weeks after the filing of such petition.
Upon the date fixed for such hearing or continuance thereof, said board shall take up and consider said petition and any objections which may be filed to the inclusion of any additional area or territory in said district. Said board shall have the power by order entered on its minutes to grant or deny said petition, and by order entered on its minutes to alter the boundaries of said hospital district and to annex thereto said area or territory described in said petition. This territory shall become and be a part of such public hospital district and shall be subject to the tax authorized by this chapter, together with the preexisting area of said district.
Source: SL 1959, ch 135, § 17; SDC Supp 1960, § 27.19B17.
34-10-11. Board of trustees to manage district.
Said public hospital district shall be governed and managed by a board of seven trustees elected by the persons within the district. The trustees must be elected from among the persons resident within said district.
Source: SL 1959, ch 135, § 10; SDC Supp 1960, § 27.19B10.
34-10-12. Terms of office of trustees--Election of first board.
The hospital district trustees elected for the first board shall serve for terms commencing upon their being elected and qualified and all trustees shall serve until their respective successors be elected and qualified. The term of office shall be for four years, except that the terms of the first board shall be so arranged so as to be overlapping, with three members serving until the next regular election; and four members until the second next regular election two years hence. The first board shall be elected at the same election held upon the creation of the district, subject to the creation thereof, shall qualify upon the organization of the district, if created, and the trustees may be nominated and have their names upon the ballots upon the filing with the board or boards of county commissioners of a petition signed by any five qualified electors of the district.
Source: SL 1959, ch 135, § 10; SDC Supp 1960, § 27.19B10.
34-10-13. Nomination of trustees--Date and notice of elections.
Any elector may sign as many nominating petitions for hospital district trustee as there are persons to be elected. All regular elections after the first shall be held on the primary election date specified in § 12-2-1 and notice thereof shall be given as required by the laws relating to notice of primary elections.
Source: SL 1959, ch 135, § 10; SDC Supp 1960, § 27.19B10.
34-10-14. Trustees unpaid--Vacancy on board--Records of actions.
The trustees of the hospital district shall serve without pay. A vacancy upon the board of trustees shall be filled by appointment by the remaining members and the appointee shall serve until the next ensuing regular election for trustees. The trustees shall keep accurate minutes and records of its actions which at all reasonable times shall be open for public inspection.
Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
34-10-15. Rules, regulations, and bylaws of district--Officers--Place of business--Legal counsel.
The trustees at their first meeting shall adopt rules, regulations, and bylaws deemed suitable and necessary for the government and management of the district. The trustees shall elect one of its members as chairman, one as treasurer, and one as secretary. The trustees shall designate a place of business in the district where the public hospital will be operated. The board shall have authority to employ legal counsel as may be necessary.
Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
34-10-16. Power to acquire hospital facilities--Authorization, issuance and sale of bonds--Amount limited.
The district may purchase, construct, equip, lease, or otherwise acquire public hospital facilities and issue bonds for the cost thereof. All bonds shall be authorized, issued, and sold by the board of trustees as provided in chapter 6-8B, except that no bonds may be issued in excess of five percent of the assessed valuation of all of the property within the district as established by the assessment rolls for the preceding year or in excess of any applicable constitutional debt limit.
Source: SL 1959, ch 135, § 14; SDC Supp 1960, § 27.19B14; SL 1984, ch 43, § 116.
34-10-18. Failure of bond issue on failure of district.
If the bond issue receives sixty percent of the votes cast and the creation of the district fails to receive sixty percent of the votes cast under § 34-10-9, the bond issue is deemed to have failed.
Source: SL 1959, ch 135, § 9; SDC Supp 1960, § 27.19B09; SL 1984, ch 43, § 117.
34-10-21. Tax levy for retirement of bonds.
At the time bonds are issued pursuant to § 34-10-16 the trustees shall by resolution provide for the levy of an irrepealable tax upon all of the property within the hospital district for the years and in the amounts, sufficient to pay the principal and interest when due, without limitations as to rate or amount and it shall be the duty of the board or boards of county commissioners to cause the levy to be made each year until the bonds are fully paid. All moneys received from the levies shall be used only for the retirement of bonds until the same are fully paid.
Source: SL 1959, ch 135, § 12; SDC Supp 1960, § 27.19B12; SL 1984, ch 43, § 117A.
34-10-22. Reduction of tax levy on payment of other moneys into debt service fund.
If the board of trustees at any time shall transfer and irrevocably appropriate to the debt service fund maintained by it for the payment of bonds issued pursuant to § 34-10-16 moneys received from sources other than tax levies pursuant to § 34-10-21, it may in its discretion cause the amount so transferred to be certified to the county auditor, who shall thereupon reduce the levy to be spread upon the tax lists for collection in the following year by the amount so certified, or by much lesser amount as shall be directed by the board of trustees.
Source: SL 1959, ch 135, § 12; SDC Supp 1960, § 27.19B12.
34-10-23. Payment of bonds when debt service fund insufficient--Reimbursement from subsequent tax levies--Additional levies.
If the moneys in the debt service fund are at any time insufficient for the payment of principal and interest due on bonds of the district, such payment shall nevertheless be made from any other funds of the district available therefor, and such other funds may be reimbursed from tax levies subsequently collected. In the event that the tax initially levied is not collected in amounts sufficient to pay all principal and interest when due, additional taxes shall be levied by the board upon all taxable property within the district at the times and in the amounts required for such purpose, which levies shall not be subject to any limitation as to rate or amount.
Source: SL 1959, ch 135, § 12; SDC Supp 1960, § 27.19B12.
34-10-24. Collection of taxes levied--Transfer of collections to district treasurer.
The procedures for the collection of the tax shall be in accordance with the existing laws of the State of South Dakota. The funds collected under the tax levy shall be transferred to the treasurer of the hospital district by the county treasurer or county treasurers at the same time and in the manner as provided by law for the transfer of funds to treasurers of school districts.
Source: SL 1959, ch 135, § 13; SDC Supp 1960, § 27.19B13.
34-10-25. Tax levy in lieu of bonds--Accumulation of construction fund--Election on use of fund.
In lieu of issuing bonds, the hospital district board may levy an annual tax not to exceed five mills for the purpose of purchasing, constructing, equipping, leasing, or otherwise acquiring and maintaining a hospital, and shall direct the treasurer of the district to place such moneys in a district construction fund. When a sufficient amount of money is accumulated in the district construction fund the board may proceed to purchase, construct, equip, lease, or otherwise acquire a hospital, except that the electors of the district shall first approve the purchase, construction, leasing, or other acquisition of a hospital by a majority of all votes cast on such issue. An election on such issue shall be called and held in the same manner as an election on a proposal to issue bonds.
Source: SL 1959, ch 135, § 15; SDC Supp 1960, § 27.19B15.
34-10-26. Tax levy for operation and maintenance of hospital--Maximum levy.
The board of trustees of any public hospital district shall have authority to levy an annual tax not to exceed one dollar per thousand dollars of taxable valuation of all real and personal property taxable within said district for the purpose of operating and maintaining any hospital under the supervision and control of said board. Such levy shall be in addition and not subject to any levy limitations imposed by any other statute. Such tax shall be levied and collected as provided in § 34-10-24.
Source: SDC Supp 1960, § 27.19B21 as enacted by SL 1967, ch 108.
34-10-27. Accounting for district funds--Disbursements.
The treasurer of the hospital district shall keep a detailed account of all tax moneys paid into the public hospital district fund, of all other moneys from any source received by the district, and of all payments and disbursements from the fund. Funds shall be paid out on warrants issued by the direction of the board of trustees, signed by the treasurer, and countersigned by the chairman of the board.
Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
34-10-28. Lease of hospital facilities to others.
The board shall have authority to lease any hospital facilities of the district to persons and private or public corporations for the purpose of operation, provided that in the opinion of the board the needs of the community can best be served thereby.
Source: SL 1959, ch 135, § 16; SDC Supp 1960, § 27.19B16.
34-10-29. Annual audit of district affairs--Report of audit.
The hospital district board, at the close of each year of business, shall cause an audit to be made by the State Department of Legislative Audit, or an auditor approved by the State Department of Legislative Audit of the books, records, and financial affairs of the district, and a written report of such audit shall be kept on file in the principal place of business of the district.
Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
34-10-30. Dissolution of district--Provision for indebtedness.
At any time after five years from the date any public hospital district is created, such district may be dissolved following the same procedures for the establishment of the district, set forth in this chapter. However, such district shall not be dissolved if it is indebted in any amount beyond funds immediately available to extinguish all of the debts and obligations of such district.
Source: SL 1959, ch 135, § 18; SDC Supp 1960, § 27.19B18.
34-10-31. Effective date of dissolution--Certification as to indebtedness.
A dissolution of a hospital district shall be effective for all purposes six months after the election determining same; provided that at or before such time the board of trustees certifies to the board or boards of county commissioners in whose territory said district is located that all debts and obligations of the district are paid, discharged, or irrevocably settled, together with legal proof thereof.
Source: SL 1959, ch 135, § 18; SDC Supp 1960, § 27.19B18.
34-10-32. Sale of property on dissolution--Funds transferred to counties.
Upon any such dissolution the trustees may make a sale of all of the property of the district, following the procedures, so far as applicable, provided for the sale by counties of surplus property and if there shall be any surplus funds the same shall be placed in the general fund of the county, or if said district was located in more than one county, in the general funds of the respective counties in proportion to the taxable valuation of the property within said hospital district located in each of the counties involved for the preceding year.
Source: SL 1959, ch 135, § 19; SDC Supp 1960, § 27.19B19.