STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

February 6, 1974

Mr. Pat McKeever, Secretary

Department of Manpower Affairs

Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-04

Workmen's compensation coverage of the staff employees of boards and commissions.

Dear Mr. McKeever:

You have asked for an official opinion as to the following question:

Are employees of boards and commissions duly established by the South Dakota Legislature, excluding those enumerated inSDCL 62-4-33, covered under the workman's compensation fund described in SDCL 62-4-32?

SDCL 62-4-32 reads as follows:

Claims of employees of the state arising under this title against the state shall be paid out of funds of the office of the commissioner appropriated for that purpose, and such claims shall be paid on warrants of the state auditor issued upon vouchers approved by the commissioner.

SDOL 62-4-32 pertains to "claims of employees of the state"; therefore, the determining factor with regard to your question is whether the employees of such boards and commissions are state employees. Since the boards and commissions you refer to are those established by the state Legislature, those people who are employed by those boards and commissions would be employees of the state. As such, those people would be regarded as being covered by SDOL 62-4-32. In addition, employees of boards and commissions created by a valid executive order would be employees of the state and also covered by S'DCL 62-4-32.

Therefore, the answer to your question is, employees of boards and commissions duly established by the state Legislature are covered under the workmen's compensation fund described in SDCL 62-4-32.

Respectfully submitted,

Kermit A. Sande
Attorney General