STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 21, 1972

A. M. Schultz, Director
Division of Purchasing & Printing
Department of Administration
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 72-41

All state agencies are required to make annual reports. Some agencies must also make biennial reports.

Dear Mr. Schultz:

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

SDCL Ch. 1-28 provides for submission to the Governor of annual reports of the various state agencies. Various other chapters of the compiled laws governing the agencies created by those chapters provide for biennial reports to the Governor.

In my effort to comply with the responsibilities charged to this office in SDCL 1-28, I have encountered some resistance in the matter of filing annual reports from those agencies whose creative legislation requires submission of biennial reports.

The question you have asked is:

Does SDCL Ch. 1-28, as amended, require submission of "annual reports" by all state agencies or are agencies required to submit biennial reports when their statutes include such a requirement, or are both required?

Prior to July 1, 1971, only the State Auditor, State Treasurer, Department of Revenue and Department of Public Welfare were required to make annual reports to the Governor. All other departments made reports biennially. SDCL 1967 §1-28-2. The 1971 Legislature amended that statute to read as follows:

All agencies of state government shall make annual reports to the Governor. Such reports shall be made for the period ending June 30th and filed in duplicate as soon thereafter as possible, and not later than the 1st day of November.

There are many state departments and agencies whose organic law still requires them to file biennial reports. When considering such conflicting provisions, the object of statutory interpretation is to ascertain the legislative intent. 82 CJS Stats. §347a.

In this particular piece of legislation, it is clear that the Legislature did intend that all agencies of state government shall make annual reports according to the procedure set down.

To harmonize these conflicting laws, it is my opinion that if an agency is required to make a biennial report covering the same subject matter as is required by Ch. 1-28, as amended, said chapter shall take precedence and the agency shall make only annual reports. If the agency is, however, required to make biennial reports which have contents substantially different from that required by Ch. 1-28, the agency shall be required to make both types of reports, one annually and one biennially.

Respectfully submitted,

Gordon Mydland
Attorney General