Attorney General Headshot

Attorney General Marty Jackley

Attorney General Seal

OFFICIAL OPINION NO. 72-28, South Dakota Department of History is a part of South Dakota Government (SDCL 1-18)

STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

May 23, 1972

Dayton W. Canady
Superintendent
S. D. Department of History
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 72-28

South Dakota Department of History is a part of South Dakota Government (SDCL 1-18)

Dear Mr. Canady:

You have requested my opinion in answer to this question:

Is the State Department of History a private organization or a governmental agency when it is acting in accordance with the provisions of SDCL 1-18, and acts amendatory thereof and supplemental thereto?

It is my opinion that the Department of History is a department of the State of South Dakota. It is a governmental agency and not a private organization.

Section 1 of Chapter 135 of the Session Laws of 1901, provides:

There is hereby established the Department of History of the State of South Dakota.

The title of said Chapter 135, Laws of 1901 provides:

An Act establishing the Department of History of the State of South Dakota and defining the powers and duties of the State Historical Society in connection therewith.

Since such 1901 enactment, the laws of South Dakota have been codified under express direction of the Legislature.Such previous codes are the 1903, 1919 and 1939 Code. Our present Code of laws, designated as the SOUTH DAKOTA COMPILED LAWS of 1967 ANNOTATED, commenced as a compilation, but was adopted by the South Dakota Legislature as the code of laws for South Dakota by Chapter 17, Laws of 1970.

Sec. 3259 of the Political Code of 1903 provided "The Department of History heretofore established in this state shall continue as such." The identical language of such 1903 Code provision has remained in all South Dakota to this time. The same language appears in SDCL 1-18-1.

The Department of History was created in 1901 as an entity of state government. It remains the same, and is not a private organization. Much of the confusion as to its identity arises because commencing with Sec. 3 of Chapter 135, Laws of 1901, and appearing in SDCL 1-18-3, that the administration of the duties of such Department of History is lodged in the State Historical Society (duly organized on January 23, 1901), its officers and members and their duly qualified successors.

When such State Historical Society, through its officers and members, is performing those duties required of the State Department of History, by Sec. 2 of Chapter 135, Laws of 1901, which now appear as SDCL 1-18-2, such activities are performed by an entity of state government.

Respectfully submitted,

Gordon Mydland
Attorney General