May 23, 1978

Mr. Jack Kolbo, Commissioner 
Bureau of Administration 
State Capitol 
Pierre, South Dakota 57501

Official Opinion No. 78-20

Publishing annual reports of state agencies

Dear Mr. Kolbo:

You have asked for my advice upon the following factual situation:

FACTS: 

State agencies are required to make annual reports to the Governor, SDCL 2-28-2.  The Bureau of Administration is responsible for consolidating, condensing and publishing the annual reports. SDCL 1-28-6 to 1-28-14. 
    
I can find no requirement for annual publication of the reports by the Bureau, only for annual reports by the agencies to the Governor.

Based upon the above factual situation, you have asked two questions:

QUESTIONS: 

1.  First, I would like to know if the Bureau may publish two years' annual reports in one publication.  This would save some printing, editing and publishing expenses. 
    
2.  Second, if the Bureau may combine two years' reports in one volume, may the Bureau consolidate or condense two years' annual reports into one 1977- 1978 report for each agency, or will it be necessary to print separate 1977 and 1978 reports even though they are bound together?

IN RE QUESTION NO. 1:

In the above factual statement, I believe there is a misstatement.  SDCL 1-28-11 requires each state agency's report to be printed or reproduced in such numbers as the Bureau may determine.  That number is based upon the provisions of SDCL 1-28-14 and SDCL 14-1A, which require sufficient copies of each agency's report to be transmitted to the State Library Commission and to the State Publications Library Distribution Center for fulfilling the requirements of Chapter 14-1A.

While there may not be a requirement that the Bureau publish the reports annually, there is a requirement that sufficient numbers be printed or reproduced annually to satisfy the requirements of section 1-28-14 and Chapter 14-1A.

The Bureau can consolidate and condense the reports as it may desire.   SDCL 1-28-10 authorizes the Bureau to decide when, how and what may be printed or reproduced and bound into one or more volumes.  There is no requirement that the annual reports be bound as such, but as explained above, 1-28-11 does require each agency's report to be reproduced in sufficient numbers to send to the State Library and to other governmental offices, commissions and boards.

The answer to your first question is yes.  The Bureau may publish two years' annual reports in one publication.

IN RE QUESTION NO. 2:

The provisions of § 1-28-10 would authorize the Bureau to consolidate or condense two years' annual reports into one 1977-1978 report for each agency.

I do not believe this accomplishes much, however, because of the requirement of § 1-28-11, which I have discussed above.  Each agency's report must still be printed or reproduced as it came to the Bureau for distribution in accordance with the provisions of section 1-28-14.

My suggestion would be that the Bureau, in setting up the report form, § 1-28-6, make the form as short and specific as possible. The reports would then be in such a condensed form that the Bureau could comply with the requirements of section 1-28-7 and also publish in bound volumes the reports pursuant to section 1-28-10. If this is not done, the red tape that you wish to cut only becomes longer and more entangling.

I would suggest a possible legislative change in Chapter 1-28 which would revise § 1-28-11 and add a new provision specifically setting forth the publication requirements.

Respectfully submitted,

William J. Janklow
Attorney General

WJJ:RVJ:jo