STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
September 23, 1975
Senator Grace Mickelson
Chairman
Interim Investigating Committee
133 East St. Charles Street
Rapid City, South Dakota 57701
OFFICIAL OPINION NO. 75-163
Appointments to State Brand Board
Dear Senator Mickelson:
You have requested an interpretation of the following statutes:
Pursuant to SDCL 40-18-1 the State Brand Board consists of three members appointed by the Governor from a list of names submitted in writing from time to time by the South Dakota Stock Growers' Association. Nominations in writing are to be made within thirty days after request. However, the 1973 Session Laws, Chapter 2, Section 38, states, in part, as follows:
As the terms of the persons serving as members of the brand board prior to the effective date of this order expire, the subsequent members of the board shall be appointed in accordance solely with the provisions of this section. The members of the board shall be appointed by the governor from among persons whose current principal business and occupation from which they derive a major portion of their annual income is the cattle raising business and who are owners of brands duly recorded with the state brand board.
All of Section 38, except the first sentence, has been codified as amending SDCL 40-18-2.
Your question is whether the Governor is restricted to the list submitted by the South Dakota Stock Growers' Association or is he limited solely by the criteria of SDCL 40-18-2?
It is a basic and well recognized rule that in construing two statutes in reference to each other they should be so construed that effect may be given to the provisions of each. Unless there is an inherent conflict, ambiguity or inconsistency there is no room for interpretation or construction. Hirning v. Toohey, 210 N.W. 723 (S.D. 1926). The statutes in question must be examined with a view towards upholding the doctrine of "in pari materia."
SDCL 40-18-1 and 40-18-2 both provide that appointments to the State Brand Board shall be made by the Governor. Thus, there is no conflict as to the manner of appointment. The remaining language of SDCL 40-18-2 basically enumerates the qualifications for appointment to the Board and the remainder of SDCL 40-18-1 provides for submission of the list of nominees. Neither the procedural nor substantive provisions are conflicting or inconsistent and should be regarded as cumulative.
Chapter 2, Section 38 of the Session Laws of 1973, cited above, has also been placed in the Code at SDCL 40-18-2 without the first sentence and its reference to the method therein described being the only or "sole" procedure. Since 1973 the Legislature has specifically passed statutes which readopt the Code and the revised pocket parts as the Code of laws of the State of South Dakota. (1975 Session Laws, Chapter 27, Section 2, 1974 Session Laws, Chapter 28, Section 2, SDCL 2-16-13.) Thus the Legislature itself had recognized the codification of SDCL 40-18-2 without the first sentence found in 1973 Session Laws, Chapter 2, Section 38. This fact in effect makes the codified version on interpretation of Chapter 2, Section 38 of the Session Laws of 1973 the law.
The answer to your question is as follows: The Governor is not limited solely by the criteria of SDCL 40-18-2 and is required to make an appointment from the list timely submitted by the South Dakota Stock Growers' Association if the nominees meet the personal qualifications and residency requirements of SDCL 40-18-2.
Respectfully submitted,
William Janklow
Attorney General
WJJ:LLV:dk
