STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

October 7, 1966

Ray Kalkbrenner, Secretary
State Brand Board
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 67-68 pg. 61

Brand Board. Authority of State Brand Board to hire special inspector to work with the South Dakota Stock Grower’s Association.

You have requested an opinion of this office based upon the following factual situation:

"Owing to an increase in work load, the Stock Grower's Association can use another inspector to work with the two inspectors now employed. The Brand Board paying the salary, the Association paying the other expense involved and furnishing the automobile."

You ask the following specific question:

"Is there any statute whereby the Brand Board can employ a special inspector to work with the Stock Grower's Association and pay his salary direct to him?"

SDC 1960 Supp. 40.1201-2 states in part:

“…the Board shall, in addition, have authority to employ such person, persons, corporation or corporations at it may consider necessary to properly carry out the provisions of this act, under the supervision and control of the Board, and to fix the salaries and compensation of such person, persons, corporation or corporations, and shall have authority to make such expenditures  as. are necessary properly to carry out the provisions of this Act. The Board shall have authority to designate as an agency for the carrying. on of livestock ownership inspection work, under  the supervision and control of the Board, a nonstock, nonprofit cooperative corporation of growers of livestock, and to fix the compensation of such (corporation). The Board shall have authority to delegate to, and vest in, the chief inspector and not to exceed two other inspectors, whether employed by the Board or by any agency designated by the Board for the purpose of carrying on of livestock ownership inspection work, police powers for the enforcement of all the laws pertaining to the inspection, sale, branding, misbranding, ownership transportation or theft of livestock…”

The above quoted section specifically authorizes the employment of a chief inspector and not to exceed two other inspectors, provides for a contractual relationship with a nonprofit co-operative association such as the Stock Grower’s Association, and provides for the necessary expenditures to properly carry out the provisions of the Act. In addition, this section provides that the duties of such inspectors, among others, shall include enforcement of all the laws pertaining to "theft of livestock."

Therefore, it is my opinion that the State Brand Board may employ a third inspector, the Board paying the salary of such inspector and as part of its contract with the Stock Grower’s Association provide that such inspector’s expenses and automobile be paid for and furnished by the Stock Grower’s Association.