STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

December 16, 1969

Ronald G. Schmidt, Director
Legislative Research Council
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 69-92

Expenses of South Dakota Constitutional Revision Commission

Dear Mr. Schmidt:

With respect to the South Dakota Constitutional Revision Commission, you have asked the following questions:

(1) Is the chairman of such Commission authorized to hire, and pay, part time secretarial assistance for himself in Rapid City, South Dakota?

(2) Are subcommittees of the Commission entitled to reimbursement of the expenses pursuant to the statute as authorized by the State Board of Finance?

The Commission was established and its powers defined by Ch. 225 of the Session Laws of 1969. The sum of $25,000.00 was appropriated to the Legislative Research Council for the South Dakota Constitutional Revision Commission. See Ch. 244 SL 1969, S2(1).

Chapter 225, Sec. 3 thereof, SL 1969 provides:

The State Legislative Research Council is hereby charged with the duties and responsibilities to serve as the secretariat of the Commission. The Legislative Research Council shall assist in the conduct of such studies as may be directed by the Commission, utilizing the aid of consultants, private organizations and institutions...

Section 6 of Ch. 225, supra, provides as follows:

Each member of the Commission shall receive as compensation for his services the sum of twenty-five dollars ($25.00) for each day's attendance at the meetings and hearings of the Commission and shall be reimbursed for his traveling expenditures at the rate not to exceed ten cents ($ .10) per mile and his actual lodging bills and meals at the rates approved by the Board of Finance, such claims and expenses to be paid out of funds appropriated for the Commission on warrants drawn by the State Auditor upon daily itemized vouchers approved by the Director of the Legislative Research Council.

It is our opinion that the Legislative Research Council is authorized to hire and pay part time secretarial assistance for the chairman, or other members of the Commission, as such Council may deem appropriate and necessary. Such employment to be in Rapid City, or as otherwise needed, and such employment be in accordance with the principles and policies enunciated by the Director of Employment.

We are also of the opinion that a sub-committee of this Commission may be reimbursed by the Legislative Research Council for their services as provided for in Section 6, Chapter 225, supra.

Respectfully submitted,

Gordon Mydland
Attorney General