STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 18, 1974

Dr. Don Barnhart
State Superintendent
Division of Elementary and Secondary Education
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-21

School districts publish proposed budget once.

Dear Dr. Barnhart:

The school board shall cause a proposed budget for the next fiscal year to be prepared according to the budgeting standards prescribed by the auditor general for consideration at the regular meeting in the month of May. The proposed budget shall be published in the designated official newspaper not later than July fifteenth together with a -notice of hearing on the budget, which hearing shall be held before August first. Before September first every school board shall approve a budget for the anticipated obligations of each fund for the school fiscal year. By resolution the school board shall adopt a levy in dollars sufficient to meet the school budget for all the funds. Any changes in the proposed budget incorporated into the final budget shall be published in the minutes of the first meeting of the board after the final adoption of the budget.

You have requested an opinion on the following questions:

1. Is it necessary to publish the proposed budget more than once?

2. Is it necessary to publish notice of hearing of the budget more than once?

It is my opinion that the statute is clear that the proposed budgets need only be published once. Had the Legislature intended that it be published more than once, they could easily have so provided. Therefore, it is my opinion that the answer to your Question No.1 is, NO.

It is also my opinion that the answer to your Question No.2 is, NO; however, nearly all of the current statutes that require the publication of a notice of a hearing require at least two publications of such a notice. Therefore, it is my opinion that if a school board wishes to publish such notice twice rather than once, that such an expenditure would be proper.

Respectfully submitted,

Kermit A. Sande
Attorney General