February 13, 1985

Honorable Janice Nicolay 
House of Representatives 
State Capitol 
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 85-08

Dues payment to Education Commission of the States

Dear Representative Nicolay:

You have requested an official opinion based on the following factual situation:

FACTS: 

In January of 1984 Governor Janklow wrote letters to the Governors of all member states of the Education Commission of the States informing them of South Dakota's intention to withdraw from the Commission (ECS).  No legislative action regarding the termination of participation in the ECS was taken in 1984. 

Senate Bill 288, presently pending in the 1985 Legislature, will repeal SDCL Ch. 13-15 effective July 1, 1985.

Based upon the foregoing facts, you have asked the following question:

QUESTION: 

Must South Dakota pay its dues to the ECS for fiscal year 1986?

SDCL 13-15-15 through 13-15-19 constitutes South Dakota's ratification of the Compact for Education and its membership in the Education Commission of the States.  SDCL 13-15-15, Article VIII, §  D provides: 

Except for a withdrawal effective on December 31, 1973, in accordance with paragraph C of this article, any party state may withdraw from the Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given  notice in writing of the withdrawal to the Governors of all other party states.  No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

From the plain words of the statute set out above the operative act constituting withdrawal of South Dakota from the Compact is repeal of the same by the Legislature.  Once that has been accomplished the Governor then notifies the other member Governors of the State's withdrawal.  The withdrawal is effective one year after the notice.

Senate Bill 299, the repeal of the Compact as written, would become Law July 1, 1985.  Assuming notice was given that same day, South Dakota would be free of the Compact July 1, 1986, accordingly the 1986 dues should be paid.

My answer to your question is YES.

Respectfully submitted,

Mark V. Meierhenry
Attorney General