June 29, 1982

Ms. Janet Zietlow 
Chairman 
Pennington County Extension Board 
1475 East 27th Street 
Rapid City, South Dakota 57701

Official Opinion No. 82-34

Agricultural extension services--distribution of funds

Dear Ms. Zietlow:

You have requested an official opinion from this office on the following:

QUESTION: 

How are county extension funds to be distributed under SDCL 13‑54-3?

IN RE QUESTION NO. 1:

SDCL Chapter 13-54 contains statutory sections authorizing the creation of the Agricultural Extension Department at South Dakota State University for the purpose of offering to persons not attending the State University of South Dakota, instruction and demonstration in agricultural and home economics.  SDCL 13‑54-3 concerns the distribution of funds within the State of South Dakota.  This provision states:  'That money expended as provided in § §  13-54-1 and 13-54-2 shall nearly as possible be expended in the different counties of the state according to their population.'

Based upon these statutory provisions, it is my opinion that SDCL 13-54-3 expressly limits the discretion of the Board of Regents or the Agricultural Extension Department of South Dakota State University to distribute funds among the counties. The Legislature required that as nearly as possible, the monies available be distributed to the different counties in this state according to their population.  The county population, in accordance with SDCL 2-14-2(18) would be those number of inhabitants within a county as determined by the last  preceding federal census, in this case 1980.

SDCL 13-54-3, however, is not a mandate for exact proration of funds.  There, of course, would be some discretion to distribute funds in order that each county would be able to have at least a viable extension program.  In addition any restriction on distribution of federal monies under SDCL 13-54-2 would preempt the controls of SDCL 13-54-3.

Respectfully submitted,

Mark V. Meierhenry
Attorney General