February 7, 1975
Clyde Calhoon
States Attorney
Brookings County
Brookings, South Dakota
OFFICIAL OPINION NO. 75-24
Does the county have authority to appropriate funds for support of the day care center?
Dear Mr. Calhoon:
Your predecessor, George Mickelson, requested an opinion on the following factual situation:
We have a privately run non-profit cooperative day care center in Brookings which has requested financial assistance from Brookings County for their operation costs. The day care center is staffed by 1 or 2 fulltime employees and by parents on a take-turn basis.
Mr Mickelson inquired whether the county has authority to appropriate funds for the support of the day care center.
The county commissioners may exercise only such powers as are expressly granted to them by law or such as may be implied as necessary for the exercise of the powers expressly granted. SDCL 27-5A-2 authorizes the counties to annually budget and appropriate for the establishment of community developmental disability services. SDCL 27-5-8 allows the county commissioners to contribute sums of money annually to any mental health center, clinic or adjustment training center approved by the board of social services, and there are other specific areas to which county commissioners may contribute sums of money. Also SDCL 7-32-9 authorizes county commissioners upon a unanimous vote to give, lease or convey personal and real property to nonprofit corporations. But nowhere am I able to find any authority that would allow the county commissioners to appropriate funds in support of a privately run nonprofit cooperative day care center.
Therefore, the answer to Mr. Mickelson's question is NO.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:RVJ:rw
