STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 10, 1975

Mr. David Vigen
Executive Director Charities and Corrections
217 East Dakota Avenue
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-105

Sick leave for state employees

Dear Mr. Vigen:

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

It has come to the attention of this office that two bills passed the recent session of the Legislature and both bills concern sick leave for state employees. The legislation was House Bill No. 625 which passed the Legislature on March 19, 1975. This bill removed the limit on the accumulation of sick leave by state employees.

The second bill was Senate Bill No. 102, passed by the Legislature on March 21, 1975 and signed by the Governor on March 27, 1975. This bill left the language of 3-6-7 in its previous form. It amended 3-6-7 by adding a paragraph which stated that an employee could use five days of sick leave in each calendar year for personal emergency reasons.

Based on this factual situation you ask the following questions:

1. Will both bills be the “law of the land” as of July 1,1975?

2. Does the time of passage and signature give one bill precedence over the other?

3. Consequently, what, exactly, will be the law as to sick leave as of July I, 1975?

In the case of Nord v. General Life Insurance Company, 71 S.D. 1,6,20 N. W. 2d 403 (1945) the South Dakota Supreme Court recognized the principle that when inconsistent acts are passed at the same session of the Legislature, the act approved last prevails. In the present situation this principle would apply in my view so as to make Senate Bill No. 102 the act which prevails.

The answer to your second question therefore is YES.

With respect to your first and third questions, it appears to me that pursuant to the Nord case rationale, the latter passed statute is the law. I am aware that this may seem harsh, but the alternative of having conflicting inconsistent acts on the same subject such as we have here is no better. It is my view that the Nord case has the effect of putting us on notice that Senate Bill No. 102, in the present case, is the law as of July 1, 1975.

Respectfully submitted,

William Janklow
Attorney General

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