S.D. Codified Laws § 4-4-5 — SD Code / Title 4 / Chapter 4 / Section 4-4-5
Treasury accounts in lieu of funds--Modification to conform to uniform accounting system
Status: in_force

The commissioner of finance and management may authorize and direct the state auditor and state treasurer to account for funds in the state treasury as separate accounts in lieu of funds, and the fund structure may be modified to conform to a uniform state accounting system.

Source: SL 1966, ch 188, § 5.
S.D. Codified Laws § 4-3-5 — SD Code / Title 4 / Chapter 3 / Section 4-3-5
Designation of depositories for current receipts--Accessibility of account to auditor-general
Status: in_force

Each officer or employee shall designate in writing, to be filed in the officer's or employee's office, the bank or banks in which are deposited the current receipts of the office or department. Any account showing any such deposit is an official account and shall be accessible to the inspection of the auditor - general at any time during banking hours.

Source: SDC 1939, § 55.2303; SL 2002, ch 25, § 2.
S.D. Codified Laws § 4-4-1 — SD Code / Title 4 / Chapter 4 / Section 4-4-1
Purpose of chapter
Status: in_force

The purpose of this chapter is to provide for effective legislative and executive control over all state public funds, and to simplify the basis upon which the state's fund accounting records shall be maintained and reported.

Source: SL 1966, ch 188, § 1.
S.D. Codified Laws § 4-6-22 — SD Code / Title 4 / Chapter 6 / Section 4-6-22
Accounting by treasurer for interest earned--Apportionment of interest to special funds
Status: in_force

The state treasurer shall account to the state for all money and funds directly or indirectly received by him by virtue of his office, or as interest or compensation for the use, deposit, or forbearance of any state money in his hands or under his control. The total interest paid by all depositories of state funds shall be paid into the state treasury and credited to the general fund, except that the interest paid by such depositories upon all money belonging to the funds known as the "permanent school funds" and the "interest and income funds" shall be credited to the latter.

Source: SL 1909, ch 229, § 18; SL 1911, ch 234, § 18; SL 1917, ch 352; RC 1919, § 6886; SDC 1939, § 55.2411; SL 1984, ch 30, § 71.
S.D. Codified Laws § 4-6A-16 — SD Code / Title 4 / Chapter 6A / Section 4-6A-16
Actions for protection or settlement of claims
Status: in_force

The Public Deposit Protection Commission shall have the power to take such action as the commission deems best for the protection, collection, compromise, or settlement of any claim arising in case of loss.

Source: SL 1974, ch 39, § 5 (3).
S.D. Codified Laws § 4-5-13 — SD Code / Title 4 / Chapter 5 / Section 4-5-13
Appointment and terms of investment council members
Status: in_force

The State Investment Council shall consist of eight voting members. Five members of the council shall be appointed by the Executive Board of the Legislative Research Council and the executive board may appoint persons holding public office, appointive or elective, provided that no more than three members of the State Investment Council, at any one time, shall hold public office. Action shall be by majority vote. Each of the members of the State Investment Council shall be appointed for a term of five years. No more than four appointed members may be members of the same political party. In addition to those members appointed by the executive board, the state treasurer, the commissioner of school and public lands, and the executive director of the South Dakota Retirement System shall serve as ex officio voting members.

Source: SL 1971, ch 27, §§ 2, 3; SL 1976, ch 49; SL 1977, ch 35, § 2; SL 1981, ch 28, § 1; SL 1986, ch 42, § 1; SL 2016, ch 35, § 1.
S.D. Codified Laws § 4-11-7 — SD Code / Title 4 / Chapter 11 / Section 4-11-7
Audit by private accountant--Acceptance in lieu of required audit
Status: in_force

Nothing contained in this chapter prevents a public corporation from employing a private accountant to examine and audit the books and accounts thereof or of any of its officers if the governing body or authorized official believes that the public interest requires it, and if such employment is first approved by the auditor-general. No private audit may be paid for before a copy thereof is filed with and approved by the auditor-general. The entity receiving audit services may approve progress payments proportionate to the audit work completed so long as ten percent of the amount billed is withheld pending approval by the auditor-general of the final report. The auditor-general may accept such audit in lieu of an examination otherwise required to be made by the auditor-general.

Source: SL 1943, ch 258, § 7; SDC Supp 1960, § 55.2907; SL 1966, ch 165, § 8; SL 1981, ch 32, § 1; SL 2011, ch 2, § 111.
S.D. Codified Laws § 4-5-29 — SD Code / Title 4 / Chapter 5 / Section 4-5-29
Investment officer authorized to make transactions--Duty to protect state interests
Status: in_force

Subject to any limitations, conditions, and restrictions contained in policy making regulations approved by the State Investment Council or contained in state law or the State Constitution, the state investment officer may make purchases, sales, exchanges, and investments, for or on behalf of any of the funds referred to in § 4-5-23 . The state investment officer shall see that moneys invested under the provisions of §§ 4-5-12 to 4-5-39 , inclusive, are at all times handled in the best interests of the state.

Source: SL 1971, ch 27, § 15; SL 2015, ch 35, § 1.
S.D. Codified Laws § 4-7-40 — SD Code / Title 4 / Chapter 7 / Section 4-7-40
Condition statements--Requests by legislative committee or chair
Status: in_force

The commissioner of the Bureau of Finance and Management shall report, upon request, a condition statement for any fund in the state treasury. The commissioner of the Bureau of Finance and Management shall provide condition statements when requested by a legislative committee or a legislative committee chair.

Source: SL 2005, ch 38, § 1; SL 2006, ch 23, § 3, eff. Mar. 10, 2006.
S.D. Codified Laws § 4-6A-20 — SD Code / Title 4 / Chapter 6A / Section 4-6A-20
Rules of commission
Status: in_force

The Public Deposit Protection Commission may make and enforce rules necessary and proper to the full and complete performance of the commission's functions under this chapter, including the authority to provide by rule for a sum less than one hundred percent if the depositor of public funds contracts with a qualified public depository for a lesser amount, and including the authority to provide by rule for a sum less than one hundred percent if the qualified public depository is subject to seasonal variances in public deposits.

Source: SL 1974, ch 39, § 5 (1); SL 1991, ch 40; SL 2002, ch 221, § 4.
S.D. Codified Laws § 4-9-18 — SD Code / Title 4 / Chapter 9 / Section 4-9-18
Cancellation of unclaimed warrants held by auditor
Status: in_force

The state auditor may cancel all state warrants remaining unclaimed in his office after the expiration of one hundred eighty days from the date of the issue thereof.

Source: SL 1913, ch 360; RC 1919, § 6887; SDC 1939, § 55.2506; SL 1970, ch 31, § 2; SL 1985, ch 33, § 1; SL 1988, ch 47, § 2.
S.D. Codified Laws § 4-7-15 — SD Code / Title 4 / Chapter 7 / Section 4-7-15
Financial policies and plans--Detailed documents--Information available to Legislature, state auditor
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop financial policies and plans as the basis for budget recommendations to the Legislature, and prepare detailed documents in accordance with the financial policies and plans for presentation to the Legislature. The bureau shall make its records and information available at all times to the Legislature, its designees, and to the state auditor.

Source: SL 1963, ch 353, § 4 (1); SL 2025, ch 6, § 2.
S.D. Codified Laws § 4-5-19 — SD Code / Title 4 / Chapter 5 / Section 4-5-19
Appointment of state investment officer--Removal--Qualifications
Status: in_force

The state investment officer shall be appointed by the State Investment Council upon a majority vote and shall serve without term, but he may be removed from office upon a majority vote of the State Investment Council. He shall be a person qualified, by training and investment experience, to direct the work of the Division of Investment.

Source: SL 1971, ch 27, §§ 9, 10; SL 1986, ch 42, § 2.
S.D. Codified Laws § 4-7-48 — SD Code / Title 4 / Chapter 7 / Section 4-7-48
Plan outlining current debt policies, financial analysis, and metrics
Status: in_force

The Bureau of Finance and Management shall issue a plan outlining the current debt policies and metrics of the state listed in §§ 4-7-46 and 4-7-47 , along with any other financial analysis and metrics performed annually to measure compliance with the policies listed in §§ 4-7-46 and 4-7-47 .

Source: SL 2015, ch 40, § 3.
S.D. Codified Laws § 4-5-12.1 — SD Code / Title 4 / Chapter 5 / Section 4-5-12.1
Regulations and reports provided to state treasurer
Status: in_force

For the purposes of S.D. Const., Art. IV, § 8, the State Investment Council and Division of Investment are allocated to the Office of the State Treasurer for reporting purposes only. For the purposes of this section, reporting purposes shall mean that the State Investment Council shall provide to the state treasurer a report of the investment policy regulations adopted pursuant to § 4-5-28 and the monthly report of the state investment officer submitted to it in compliance with § 4-5-32 .

Source: SL 1973, ch 2, §§ 5, 17; SL 1974, ch 38, § 3.
S.D. Codified Laws § 4-9-1 — SD Code / Title 4 / Chapter 9 / Section 4-9-1
Auditor's warrant required for payments
Status: in_force

Money shall be paid from the state treasury only upon the auditor's warrant, which is defined to be an acceptable instrument of payment.

Source: SL 1891, ch 113, § 10; RPolC 1903, § 329; RC 1919, § 6942; SDC 1939, § 55.2314; SL 1984, ch 30, § 3A; SL 1985, ch 33, § 38; SL 1993, ch 50, § 1.
S.D. Codified Laws § 4-2-1 — SD Code / Title 4 / Chapter 2 / Section 4-2-1
Department continued--Seal
Status: in_force

The department of the state government known as the Department of Legislative Audit is hereby continued. It shall have a seal containing the words: "South Dakota Department of Legislative Audit."

Source: SL 1943, ch 258, § 1; SDC Supp 1960, § 55.2901; SL 1974, ch 37, § 1.
S.D. Codified Laws § 4-11-18 — SD Code / Title 4 / Chapter 11 / Section 4-11-18
Costs of audits charged to state agencies and local bodies--Computation--Witness fees and expenses--Collection of claims
Status: in_force

For each audit made of any agency of state government, except those agencies or that portion of an agency that is financed with state general fund appropriations, the audited agency shall pay for audit services computed by dividing the estimated total expenses of the department of legislative audit relating to state government audits for the current fiscal year by the estimated number of audit hours to be spent performing state government audits during the same year and the result multiplied by the number of hours spent on the particular audit. For audits of state agencies if more than one fund is involved, the auditor - general shall determine the method of allocating audit costs. For each audit made of any county, municipality, school district, special district, or other local government agency, the audited agency shall pay for audit services computed by dividing the estimated total expenses of the Department of Legislative Audit relating to local government audits for the current fiscal year by the estimated number of audit and travel hours to be spent performing local government audits during the same year and the result multiplied by the number of hours spent on the particular audit. In all cases where the auditor - general, assistant, or employee is subpoenaed as a witness for a county or other public corporation in the prosecution of its officers reported on by the department, the county, or such other public corporation shall pay all witness fees and all expenses of serving subpoenas and attachment for witness and all expenses for procuring testimony, including the necessary expenses of such witness. All claims for services and expense of the auditor - general or assistants against such county or other public corporation shall be prepared in favor of the state treasurer in payment thereof at the first regular or special meeting of the governing board after the audit is completed. Upon the neglect or refusal of the governing board to issue a warrant in payment of the claim as herein provided, interest at the Category A rate of interest as established in § 54-3-16 shall be added for the time the same remains unpaid after the date of such meeting.

Source: SL 1943, ch 258, § 11; SDC Supp 1960, § 55.2911; SL 1963, ch 312; SL 1966, ch 165, § 11; SL 1968, ch 205, § 3; SL 1969, ch 213; SL 1972, ch 27, § 1; SL 1976, ch 54, § 1; SL 1978, ch 40; SL 1983, ch 28, § 3; SL 1984, ch 319, § 4; SL 1991, ch 45.
S.D. Codified Laws § 4-5-44 — SD Code / Title 4 / Chapter 5 / Section 4-5-44
Cost of participation
Status: in_force

The participation of the State Investment Council and the state investment officer in the tax anticipation note program of the Health and Educational Facilities Authority established under § 1-16A-75 is hereby determined to be in the public interest and for the benefit and maintenance of the public schools and for the equal benefit of and in the best interest of the people of the state and shall be at no cost to the school districts, the Health and Educational Facilities Authority or any other participant of the program.

Source: SL 1998, ch 24, § 5.
S.D. Codified Laws § 4-5-8 — SD Code / Title 4 / Chapter 5 / Section 4-5-8
Investment policies for local funds determined by governing board
Status: in_force

Investments of public funds as defined in § 4-5-5 shall be made only after the adoption of a proper resolution by the governing board of such county, municipality, township, or school district. Such resolution shall state the investment policies to be followed by the treasurer thereof.

Source: SL 1945, ch 359, § 2; SDC Supp 1960, § 48.0507; SL 1961, ch 258, § 1; SL 1967, ch 237, § 1; SL 1972, ch 25.
S.D. Codified Laws § 4-5-10 — SD Code / Title 4 / Chapter 5 / Section 4-5-10
Application for redemption of securities
Status: in_force

The governing bodies of such counties, municipalities, townships, and school districts shall, either at the time of purchase or at any other time, direct the time and manner of making application for redemption of such securities.

Source: SL 1945, ch 359, § 2; SDC Supp 1960, § 48.0507; SL 1961, ch 258, § 1; SL 1967, ch 237, § 1.
S.D. Codified Laws § 4-8A-1 — SD Code / Title 4 / Chapter 8A / Section 4-8A-1
Definition of terms
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Agency," a principal functional and administrative entity, including each department and bureau of state government, as designated in the general appropriation bill;

(2) "Budget unit," a unit of government contained within an agency, including each institution, for which separate appropriations in the general appropriation bill are made;

(3) "General appropriation bill," the bill enacted by the Legislature in accordance with the provisions of S.D. Const., Art. XII, § 2, requiring a majority vote of all the members of each house of the Legislature;

(4) "General contingency funds," appropriated funds for expenditures arising from or subject to unforeseen conditions of an agency's operations for which a general fund appropriation has not been provided and which are deemed by the Governor and the special committee to be in the interest of the state and its agencies; and

(5) "Special committee," the committee created by § 4-8A-2 .

Source: SL 1974, ch 44, § 1; SL 1980, ch 39, § 1; SL 2025, ch 33, § 1.
S.D. Codified Laws § 4-11-2 — SD Code / Title 4 / Chapter 11 / Section 4-11-2
Annual audit of state accounts--Scope
Status: in_force

The Department of Legislative Audit shall perform an annual financial and compliance audit of the State of South Dakota in accordance with generally accepted government auditing standards. The scope of the audit shall include all state officers, departments, agencies, boards, commissions, penal, charitable, and educational institutions, and all regulatory boards and commissions receiving funds by appropriation or that expend funds pursuant to state law. In addition, the Department of Legislative Audit may perform financial and compliance audits of individual state officers, departments, agencies, boards, commissions, penal, charitable, and educational institutions, and all regulatory boards and commissions receiving funds by appropriation or that expend funds pursuant to state law, if deemed necessary and in the public interest by the auditor - general.

Source: SL 1943, ch 258, § 6; SL 1953, ch 293; SDC Supp 1960, § 55.2906 (1); SL 1966, ch 165, § 4; SL 1968, ch 205, § 2; SL 1985, ch 34, § 2; SL 1992, ch 39; SL 2003, ch 30, § 1.
S.D. Codified Laws § 4-4-3 — SD Code / Title 4 / Chapter 4 / Section 4-4-3
Public funds maintained in state treasury--Local bank accounts as official accounts--Signatories--Statements required of agencies holding state funds in local bank
Status: in_force

All state public funds shall be received and maintained in the state treasury, and shall be disbursed only upon proper authorization by the state auditor and the state treasurer, unless the state treasurer and state auditor jointly determine a justification exists for maintaining public funds in a local bank account. A local bank account authorized by the state auditor and state treasurer is an official account of the state subject to the custody of the state treasurer under § 1-10-1 . Neither the state treasurer nor the state auditor may be a signatory on any local account. Any agency holding state funds in any local bank account shall provide a quarterly statement of activity in that account to the state treasurer and the state auditor.

Source: SL 1966, ch 188, § 3; SL 2002, ch 25, § 1.
S.D. Codified Laws § 4-5-14.1 — SD Code / Title 4 / Chapter 5 / Section 4-5-14.1
Exceptions to §4-5-14
Status: in_force

The provisions of §§ 4-5-14 and 4-5-14.1 , inclusive, do not prohibit a transaction that:

(1) Affects the public generally, and the council member's personal interest is only affected by virtue of being a member of the general public; or

(2) Affects participants in the South Dakota Retirement System generally, and the council member's personal interest is only affected by virtue of being a participant in the South Dakota Retirement System; or

(3) Involves the acceptance of deposits under a statewide certificate of deposit program made generally available to South Dakota financial institutions or the sale of interests in the South Dakota Higher Education Savings Program authorized pursuant to chapter 13-63 even though the council member has an interest as a principal, shareholder, trustee, director, officer, employee, independent contractor, or advisor of a financial institution or firm that would accept such deposits or sell such interests, if the council member has disclosed such interest in such financial institution or firm to the council.

Source: SL 2003, ch 28, § 2.
S.D. Codified Laws § 4-10-11 — SD Code / Title 4 / Chapter 10 / Section 4-10-11
Failure by public officer to publish financial statement--Petty offense--Salary forfeiture--Removal from office
Status: in_force

All public officers of the state, counties, townships, municipalities, and school districts who are required by law to publish legal notices of financial statements and who shall intentionally fail or refuse to make such publications, commits a petty offense and also shall be guilty of nonfeasance of office and subject to forfeiture of salary for the month in which such failure occurs, whichever penalty is greater. Such officers shall be subject to removal from office upon continuance of such neglect of duty.

Suits to enjoin or recover payment of salary and for removal from office under this section shall be instituted in the proper circuit court by the state's attorney of the county in which the offending officer resides.

Source: SL 1951, ch 251, §§ 1, 2; SDC Supp 1960, § 48.0709; SL 1980, ch 24, § 63.
S.D. Codified Laws § 4-4-7 — SD Code / Title 4 / Chapter 4 / Section 4-4-7
Deposit of indirect cost reimbursements from the federal government--Exemption
Status: in_force

Indirect cost reimbursements received from the federal government shall be deposited in the fund that incurred the indirect costs. Funds of the Board of Regents are exempt from this requirement.

Source: SL 2005, ch 37, § 1.
S.D. Codified Laws § 4-9-13 — SD Code / Title 4 / Chapter 9 / Section 4-9-13
Treasurer's warrant register--Items shown
Status: in_force

The state treasurer shall provide himself with and keep a warrant register, which register shall show in a column arranged for that purpose the number, date, and amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment when made, the amount of interest, and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed as hereinafter provided.

Source: SL 1874-5, ch 74, § 2; PolC 1877, ch 50, § 2; CL 1887, § 1672; RPolC 1903, § 2252; SL 1913, ch 359; RC 1919, § 6974; SDC 1939, § 55.2501.
S.D. Codified Laws § 4-3-1 — SD Code / Title 4 / Chapter 3 / Section 4-3-1
Fees may be required in advance
Status: in_force

Every public officer may in all cases require the person for whom any service is to be rendered to pay the fees in advance of the rendition of such service, or give security for the same, to be approved by the officer.

Source: SL 1868-9, ch 6, § 27; PolC 1877, ch 39, § 32; CL 1887, § 1436; RPolC 1903, § 1858; RC 1919, § 7062; SDC 1939, § 48.0607.
S.D. Codified Laws § 4-9-2 — SD Code / Title 4 / Chapter 9 / Section 4-9-2
Accounts and claims to auditor--Examination and adjustment--Institutional payrolls--Promulgation of rules
Status: in_force

All accounts, claims, and vouchers that are by law directed to be paid out of the state treasury must be presented to, and examined and adjusted by, the state auditor, provided that the Bureau of Finance and Management has authority to promulgate rules, pursuant to chapter 1-26 , under which the State Board of Regents may provide for the processing of payrolls on an institutional basis. Budgeted funds may be transferred on a monthly basis for this purpose.

Source: SL 1862-63, ch 53, §§ 3, 4; PolC 1877, ch 7, § 2; CL 1887, § 69; RPolC 1903, § 71; RC 1919, § 5342; SDC 1939, § 55.1301; SL 1970, ch 32; SL 2026, ch 3, § 10.
S.D. Codified Laws § 4-7-25.3 — SD Code / Title 4 / Chapter 7 / Section 4-7-25.3
Budgetary accounting service agency--Financing
Status: in_force

The operations of the service agency shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered which shall be receipted into the budgetary accounting fund authorized and established in the state treasury by § 4-7-25.2 .

Source: SL 1980, ch 38, § 3.
S.D. Codified Laws § 4-8A-17 — SD Code / Title 4 / Chapter 8A / Section 4-8A-17
Legislative priority pilot program contingency fund created
Status: in_force

On June 29, 2015, the state treasurer shall transfer to the legislative priority pilot program contingency fund, which is hereby created, the sum of one million dollars ($1,000,000) from the South Dakota risk pool fund. The contingency funds are to be made available in accordance with the provisions of §§ 4-8A-9 , 4-8A-10 , 4-8A-11 , and 4-8A-12 . The contingency funds shall be used to fund legislative priority pilot programs. Interest earned on money in the fund shall be deposited into the general fund.

Source: SL 2015, ch 42, § 1; SL 2021, ch 30, § 1.
S.D. Codified Laws § 4-9-3 — SD Code / Title 4 / Chapter 9 / Section 4-9-3
Administration of oaths and certification of accounts by auditor
Status: in_force

The state auditor or his deputy is authorized to administer oaths to claimants and witnesses in support of the justice of such accounts as may be exhibited to him for allowance, and to certify thereto.

Source: SL 18 62-3 , ch 53, § 18; PolC 1877, ch 7, § 16; CL 1887, § 82; RPolC 1903, § 85; RC 1919, § 5350; SDC 1939, § 55.1304.
S.D. Codified Laws § 4-11-2.1 — SD Code / Title 4 / Chapter 11 / Section 4-11-2.1
Charitable or nonprofit corporations to comply with certain audit requirements
Status: in_force

Any charitable or nonprofit corporation receiving federal funds through the state or its political subdivisions, that is required to be audited in accordance with the Federal Single Audit Act Amendments of 1996 Public Law 104-156 (31 U.S.C. sections 7501 to 7507) as amended to January 1, 2003, shall comply with the provisions of § 4-11-7 , except for the restrictions on payment for the audit, when hiring a public accountant to perform the audit. The auditor - general may examine all financial records, related to funds provided by the state or its political subdivisions, of any charitable or nonprofit corporation if deemed necessary and in the public interest by the auditor - general.

Source: SDC Supp 1960, § 55.2906 (1) as added by SL 1968, ch 205, § 2; SL 2003, ch 31, § 1.
S.D. Codified Laws § 4-8-28 — SD Code / Title 4 / Chapter 8 / Section 4-8-28
Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall
Status: in_force

The Bureau of Finance and Management and the Legislative Research Council shall prepare and submit, no later than the thirty-eighth legislative day of each legislative session, independent projections that conform with the provisions of subdivisions 4-7-10(2) and (5) to the Governor or the Governor's designee and the Joint Committee on Appropriations.

If either of the estimates provided in this section project a budget shortfall in excess of two and one-half percent of the general fund appropriated budget in the current or next fiscal year, the Bureau of Finance and Management and the Legislative Research Council shall propose measures to the Governor and the Appropriations Committee of the Legislature for eliminating the shortfall.

Source: SL 2014, ch 27, § 1.
S.D. Codified Laws § 4-5-6.1 — SD Code / Title 4 / Chapter 5 / Section 4-5-6.1
Investment of public funds not needed for current operating expenses--Conditions
Status: in_force

In lieu of or in addition to other statutory authorization for the investment of public funds, any public funds that are not needed for current operating expenses may be invested in accordance with the following conditions:

(1) The public funds shall initially be placed by the public funds depositor in a bank located in this state which offers Federal Deposit Insurance Corporation insurance on its deposits;

(2) The selected bank shall arrange for the deposit of the public funds in one or more federally insured financial institutions wherever located in the United States, for the account of the public funds depositor;

(3) On the same date that the public funds are deposited pursuant to subdivision (2) of this section, the selected bank shall receive an amount of deposits from customers of other federally insured financial institutions equal to the amount of the public funds initially placed by the public funds depositor;

(4) Each such deposit shall be insured by the Federal Deposit Insurance Corporation;

(5) The selected bank shall act as custodian for the public funds depositor with respect to the deposits placed in the depositor's account.

Source: SL 2004, ch 61, § 1; SL 2012, ch 31, § 1.
S.D. Codified Laws § 4-10-4 — SD Code / Title 4 / Chapter 10 / Section 4-10-4
Monthly reconciliation--Accounting system and bank account records--State treasurer access
Status: in_force

At the beginning of each month, the Bureau of Finance and Management shall:

(1) Reconcile the state accounting system balances with the state treasurer's state bank account records; and

(2) Provide the state treasurer electronic access to the reconciliation as soon as it is completed.

Source: SL 1891, ch 113, § 12; RPolC 1903, § 331; RC 1919, § 6944; SDC 1939, § 55.2316; SL 1980, ch 10, § 4; SL 1984, ch 30, § 75; SL 2026, ch 3, § 13.
S.D. Codified Laws § 4-8B-10 — SD Code / Title 4 / Chapter 8B / Section 4-8B-10
Review by special committee before expenditure--Bureau of Finance and Management to make changes--Joint rules
Status: in_force

Notwithstanding § 4-8-17 , moneys and grants received from the United States or other grants or gifts of other funds in excess of the amounts appropriated in the general appropriations act, shall not be deemed appropriated until after review by the special committee created by chapter 4-8A and then only with an affirmative vote on acceptance of such funds by a majority of the full membership of the special committee. Subsequent to an affirmative action on the part of the special committee, the Bureau of Finance and Management shall make the appropriate changes in the budgetary accounting system. The two houses of the Legislature may establish rules for the interpretation of this section through adoption of joint rules.

Source: SL 1974, ch 44, § 7; SL 1977, ch 43.
S.D. Codified Laws § 4-11-8 — SD Code / Title 4 / Chapter 11 / Section 4-11-8
Period of transactions covered by audit--Exceptions
Status: in_force

No examination or audit of the books and accounts of a public corporation shall extend back more than six years from the date such examination is commenced, unless by request of the governing body thereof or upon petition of not less than ten percent of the taxpayers thereof as shown by the last assessment roll, or in case of the state upon order of the Governor.

Source: SL 1943, ch 258, § 5; SDC Supp 1960, § 55.2905.
S.D. Codified Laws § 4-9-9 — SD Code / Title 4 / Chapter 9 / Section 4-9-9
Auditor's record of warrants issued--Contents--Intra-agency and inter-agency transactions
Status: in_force

The state auditor shall keep a record of the number of each warrant issued, the amount thereof, the date of its issue, and the name of the person to whom issued, and the fund on which such warrant is drawn. Intra - agency and inter - agency billing for goods provided and services performed by state departments, agencies, and institutions shall be made on a noncash basis through the use of accounting entries.

Source: SL 18 62-3 , ch 53, § 7; PolC 1877, ch 7, § 5; CL 1887, § 72; RPolC 1903, § 74; RC 1919, § 5343; SDC 1939, § 55.1301; SL 1969, ch 208, § 2; SL 1993, ch 50, § 3.
S.D. Codified Laws § 4-5-36 — SD Code / Title 4 / Chapter 5 / Section 4-5-36
Reports to Legislature by investment council
Status: in_force

On or before February first of each year, and at other times as it may deem in the public interest, the State Investment Council shall report to the Legislature with respect to its review of the work of the Division of Investment.

Source: SL 1971, ch 27, § 26.
S.D. Codified Laws § 4-9-16 — SD Code / Title 4 / Chapter 9 / Section 4-9-16
Order of payment of warrants--Notice of sufficiency of funds to holders of registered warrants
Status: in_force

All warrants upon the state treasurer shall be paid out of the fund on which they were drawn in the order of their presentation.

All registered state warrants shall be paid in the order of their registration, and it shall be the duty of every such treasurer, as soon as money sufficient for the payment of such warrants is received to the credit of the particular fund upon which the same are drawn, to immediately notify, by mail, the persons in whose names the same are drawn or, if he shall receive written notice from some other person that he is the holder of any such warrant, then the treasurer shall notify such other person; and thereupon interest upon such warrants shall cease and the treasurer shall pay and cancel such warrants upon presentation thereof.

Source: SL 1874-5, ch 74, §§ 1, 4; PolC 1877, ch 50, §§ 1, 4; CL 1887, §§ 1671, 1674; SL 1895, ch 186, § 1; RPolC 1903, §§ 2251, 2254; SL 1913, ch 359; RC 1919, §§ 6973, 6976; SDC 1939, § 55.2502.
S.D. Codified Laws § 4-6A-3 — SD Code / Title 4 / Chapter 6A / Section 4-6A-3
Segregation of collateral by public depository--Value--Deposit and designation--Letters of credit and surety bonds
Status: in_force

Every qualified public depository shall at all times maintain, segregated from its other assets, eligible collateral having a value at least equal to its maximum liability under this chapter. Such collateral shall be segregated by deposit in such manner as the commission approves. The collateral shall be clearly designated as security for the benefit of public depositors under this chapter and shall be pledged as collateral for those public deposit accounts which exceed deposit insurance. Irrevocable standby letters of credit or surety bonds shall be segregated or issued in such manner as the commission approves.

Source: SL 1974, ch 39, § 6; SL 1982, ch 45, § 1A; SL 1986, ch 44, § 2; SL 1986, ch 45, § 3; SL 1987, ch 45, § 2; SL 1997, ch 273, § 3.
S.D. Codified Laws § 4-7-27 — SD Code / Title 4 / Chapter 7 / Section 4-7-27
Short title of chapter
Status: in_force

This chapter shall be known and may be cited as the "Budget Act."

Source: SL 1963, ch 353, § 1.
S.D. Codified Laws § 4-7-52 — SD Code / Title 4 / Chapter 7 / Section 4-7-52
Submission of zero based budget on request of Joint Committee on Appropriations
Status: in_force

The Joint Committee on Appropriations may request any department or budget unit to submit a zero based budget scenario pursuant to guidelines and procedures established jointly by the Bureau of Finance and Management and the Legislative Research Council.

Source: SL 2015, ch 41, § 13.
S.D. Codified Laws § 4-9-26 — SD Code / Title 4 / Chapter 9 / Section 4-9-26
Discretion in issuance of duplicate warrant or check
Status: in_force

The issuing officer shall use his discretion in carrying out the provisions of §§ 4-9-21 to 4-9-25 , inclusive, as appears to him to be right and in accordance with justice, honesty, and circumstances.

Source: SL 1965, ch 243, § 1.
S.D. Codified Laws § 4-8-12 — SD Code / Title 4 / Chapter 8 / Section 4-8-12
Disbursement of institutional funds
Status: in_force

The state treasurer shall pay out money from the funds described in § 4-8-10 after due audit by and only upon the warrant of the state auditor.

Source: SL 1911, ch 224, § 49; RC 1919, § 5689; SDC 1939, § 55.2208; SL 1983, ch 29, § 6.
S.D. Codified Laws § 4-2-5 — SD Code / Title 4 / Chapter 2 / Section 4-2-5
Removal of auditor-general from office
Status: in_force

The auditor - general may be removed at any time without assignment of cause by joint resolution or act of the Legislature. He shall not otherwise be subject to removal except that he may be suspended or be removed by a special proceeding in the circuit court for Hughes County, South Dakota, on the grounds and in the manner provided in §§ 3-17-6 to 3-17-11 , inclusive, as though he were a local officer.

Source: SL 1943, ch 258, § 2; SDC Supp 1960, § 55.2902; SL 1966, ch 165, § 1; SL 1968, ch 205, § 1.
S.D. Codified Laws § 4-8-18 — SD Code / Title 4 / Chapter 8 / Section 4-8-18
Capitol communications systems internal service fund--Apportionment of expenses
Status: in_force

There is hereby created a capitol communications systems internal service fund to encompass the operations of the capitol telephone system and any and all other capitol communication systems. The commissioner of the Bureau of Information and Technology shall apportion all expenses encountered in the operation of the capitol communications systems to all state departments, agencies, and institutions that utilize such systems.

Source: SL 1959, ch 310, §§ 1, 2; SDC Supp 1960, § 55.2706; SL 1969, ch 223; SL 2011, ch 2, § 32; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 4-7-16 — SD Code / Title 4 / Chapter 7 / Section 4-7-16
Analysis of proposed legislation by bureau
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, and subject to the provisions of this chapter, § 12-13-9 , and 12-13-25.1 , shall analyze financial and administrative aspects of proposed legislation.

Source: SL 1963, ch 353, § 4 (5); SL 2013, ch 101, § 73.
S.D. Codified Laws § 4-8A-8 — SD Code / Title 4 / Chapter 8A / Section 4-8A-8
General appropriations--Transfer between programs, departments, and bureaus--Approval required--Public record--Notice to committee
Status: in_force

Any transfer of appropriations made in the general appropriation bill may only occur upon approval by an agency head or designee, in accordance with procedures established by the Bureau of Finance and Management, and upon approval of the bureau. An agency may transfer appropriations within a budget unit, on a one-time or ongoing basis, or between budget units within an agency, on a one-time basis. An agency may transfer appropriations between agencies to reflect a reorganization pursuant to S.D. Const., Art. IV, § 8. Transfers of appropriations between budget units within an agency, on an ongoing basis, or between agencies, on a one-time or ongoing basis, must be approved by the special committee. Notwithstanding this section, transfers of appropriations between institutions under the control of the Board of Regents, on a one-time or ongoing basis, must be approved by the special committee.

The Bureau of Finance and Management shall keep a record of all approvals of transfers and make them available for public inspection. At least ten days prior to approving any transfer requiring approval by the special committee, the bureau shall transmit a notice to transfer appropriations to the special committee and its designees. For all other transfers between budget units, the bureau shall transmit a detailed explanation of the transfer to the special committee and its designees immediately after approving the transfer.

Source: SL 1974, ch 44, § 11; SL 1977, ch 40, § 3; SL 1978, ch 38; SL 1986, ch 47, § 1; SL 1997, ch 36, § 1; SL 2014, ch 29, § 1; SL 2025, ch 33, § 5.
S.D. Codified Laws § 4-8-14 — SD Code / Title 4 / Chapter 8 / Section 4-8-14
Anticipation of revenue by borrowing from other funds
Status: in_force

If moneys for the state have been actually provided for by levy of taxes, sale of bonds or warrants, or otherwise, and the moneys have not been collected into the state treasury, but the receipt of the moneys is reasonably certain, the state auditor may anticipate the receipt of the moneys into the fund by drawing temporarily upon the moneys in any other fund of the state for which there is not an immediate use.

Source: SDC 1939, § 55.2006; SL 1964, ch 157, § 1; SL 1997, ch 35, § 1.
S.D. Codified Laws § 4-7-5 — SD Code / Title 4 / Chapter 7 / Section 4-7-5
Employment of personnel for bureau--Expenses of personnel--Equipment and supplies--Office space
Status: in_force

The commissioner of finance and management is hereby authorized with the approval of the Governor to employ and fix the salaries of such other professional, technical, and clerical personnel as he may deem necessary to carry out the duties prescribed in this chapter. In addition to their salaries, the commissioner and other personnel in the Bureau of Finance and Management shall be allowed travel and subsistence expenses, at the same rate as for other employees of state government. The commissioner is authorized with the approval of the Governor to purchase and acquire the equipment and supplies he deems necessary to perform his duties. The Bureau of Human Resources and Administration shall furnish the Bureau of Finance and Management with the necessary office space in a state building in Pierre.

Source: SL 1963, ch 353, § 3; SL 1980, ch 23, § 17; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 4-5-27 — SD Code / Title 4 / Chapter 5 / Section 4-5-27
Prudent-person standard required in investments
Status: in_force

Any investments under the provisions of §§ 4-5-12 to 4-5-39 , inclusive, shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Source: SL 1971, ch 27, § 21; SL 1985, ch 15, § 18.
S.D. Codified Laws § 4-2-14 — SD Code / Title 4 / Chapter 2 / Section 4-2-14
Districts filing annual report may be audited
Status: in_force

The Department of Legislative Audit may cause an audit of the financial records of any taxing district required to submit an annual report by § 4-2-13 .

Source: SL 1991, ch 38, § 2.
S.D. Codified Laws § 4-5-34 — SD Code / Title 4 / Chapter 5 / Section 4-5-34
Proceedings to collect principal or interest on investments--Refunding of securities held
Status: in_force

In the event of default in the payment of principal of, or interest on, any investment made, the investment council is authorized to institute the proper proceedings to collect the matured principal or interest and may accept for exchange purposes refunding bonds or other evidences of indebtedness at interest rates to be agreed upon with the obligor.

Source: SL 1971, ch 27, § 19.
S.D. Codified Laws § 4-5-6 — SD Code / Title 4 / Chapter 5 / Section 4-5-6
Investment in securities of or guaranteed by United States, repurchase agreements, or shares of registered investment companies
Status: in_force

Any public funds which will not be needed for current operating expenses may be invested in: (a) securities of the United States and securities guaranteed by the United States government either directly or indirectly including, without limitation, United States treasury bills, notes, bonds, and other obligations issued or directly or indirectly guaranteed by the United States government, or otherwise directly or indirectly backed by the full faith and credit of the United States government; provided that, for other than permanent, trust, retirement, building, and depreciation reserve funds, such securities shall either mature within eighteen months from the date of purchase or be redeemable at the option of the holder within eighteen months from the date of purchase; or (b) repurchase agreements fully collateralized by securities described in (a) and meeting the requirements of § 4-5-9 , if the repurchase agreements are entered into only with those primary reporting dealers that report to the Federal Reserve Bank of New York and with the one hundred largest United States commercial banks, as measured by domestic deposits; or (c) in shares of an open - end, no - load fund administered by an investment company registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933 and whose only investments are in securities described in (a) and repurchase agreements described in (b).

Source: SL 1945, ch 359, § 1; SDC Supp 1960, § 48.0507; SL 1961, ch 258, § 1; SL 1967, ch 237, § 1; SL 1988, ch 44, § 1; SL 1995, ch 27.
S.D. Codified Laws § 4-5-55 — SD Code / Title 4 / Chapter 5 / Section 4-5-55
Exemption from divestiture requirements
Status: in_force

If the federal government excludes a company from its present or any future federal sanctions relating to Iran, that company is exempt from the divestment requirements and the investment prohibitions in §§ 4-5-48 to 4-5-60 , inclusive.

Source: SL 2010, ch 27, § 8.
S.D. Codified Laws § 4-5-47 — SD Code / Title 4 / Chapter 5 / Section 4-5-47
Investment of trust fund containing proceeds from sale of state cement enterprises
Status: in_force

The State Investment Council as provided in § 4-5-12 is responsible for the investment of the trust fund containing the net proceeds from the sale of state cement enterprises. The investment of such funds is not restricted by the provisions of § 4-5-26 , but is governed by the provisions of § 4-5-27 .

Source: SL 2001, ch 25, § 3; SDCL § 5-17-42 ; SL 2010, ch 32, § 8.
S.D. Codified Laws § 4-2-3 — SD Code / Title 4 / Chapter 2 / Section 4-2-3
Oath and bond of auditor-general--Responsibility to Legislature--Scope of responsibility
Status: in_force

The auditor - general shall qualify by taking and filing the oath and giving bond in the sum of ten thousand dollars, pursuant to chapters 3-1 and 3-5 . He shall be responsible to the Legislature for proper performance of the duties herein prescribed. He shall be responsible for the faithful compliance with all appropriations and use of funds provided by the state or under its control.

Source: SL 1943, ch 258, § 2; SDC Supp 1960, § 55.2902; SL 1966, ch 165, § 1; SL 1968, ch 205, § 1.
S.D. Codified Laws § 4-11-19 — SD Code / Title 4 / Chapter 11 / Section 4-11-19
Deposit and crediting of reimbursed amounts
Status: in_force

All funds coming into the hands of the auditor - general or state treasurer for him shall be deposited with the state treasurer and placed in the state general fund.

Source: SL 1943, ch 258, § 12; SL 1955, ch 250; SDC Supp 1960, § 55.2912; SL 1966, ch 165, § 12; SL 1972, ch 27, § 2.
S.D. Codified Laws § 4-4-4.3 — SD Code / Title 4 / Chapter 4 / Section 4-4-4.3
Insurance operating fund established--Continuous appropriation--Permitted expenditures
Status: in_force

There is established within the state treasury the insurance operating fund, into which must be deposited all fees received by the Division of Insurance. All moneys in the fund created by this section shall be budgeted and expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Labor and Regulation. Expenditures from the fund may be made only to pay the necessary expenses of purposes specified in chapters 37-5B , 37-25A , 47-31B , and 47-33 , and title 58.

Source: SL 1989, ch 48, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 20, 121; SL 2004, ch 278, § 55; SL 2008, ch 203, § 60; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011; SL 2025, ch 31, § 1.
S.D. Codified Laws § 4-9-7 — SD Code / Title 4 / Chapter 9 / Section 4-9-7
Refusal by auditor to issue improper warrant--Appeal to courts
Status: in_force

The state auditor may refuse to issue a warrant if he determines that such issue and payment is or would be illegal, unauthorized, or improper.

From any decision of the state auditor rejecting a claim or stopping issue or payment of a warrant, any person aggrieved or interested may take an appeal only to the circuit court for Hughes County, South Dakota, in accordance with the provisions of chapter 1-26 and, from the decision of such court, to the Supreme Court.

Source: SL 1966, ch 160; SL 1980, ch 26, § 19.
S.D. Codified Laws § 4-8-19 — SD Code / Title 4 / Chapter 8 / Section 4-8-19
Reversion of unencumbered appropriations at end of year--Period of availability of encumbered amounts
Status: in_force

All unexpended annual appropriations at the end of the fiscal year covered by the general appropriations act which have not been contractually obligated in writing and approved by the commissioner of finance and management prior to the end of the fiscal year, shall lapse and cease to be available, and shall revert to the fund from which appropriated. Such encumbered amounts shall be only available for such expenditure for a period of not to exceed two fiscal years as determined by the commissioner of finance and management.

Source: SL 1963, ch 353, § 12 (1), (2); SL 1964, ch 167, § 1; SL 1967, ch 260, § 1; SL 1979, ch 32, § 1.
S.D. Codified Laws § 4-3-3 — SD Code / Title 4 / Chapter 3 / Section 4-3-3
Receipts to be given for state funds--Distribution of copies--Additional requirements for uniform accounting system
Status: in_force

If any officer or employee of the state receives any money for the state by virtue of his office or employment, he shall enter the amount and the person from whom the money was received on a prenumbered receipt in duplicate. The receipts shall be prenumbered by the printer consecutively and shall be used in numerical order. The original of each receipt shall be delivered to the payer if so requested or if payment was received in cash. The officer or employee shall retain the duplicate receipt in his office or department.

The auditor - general may prescribe additional requirements he considers necessary to create accountability and adequate accounting records for all state revenues compatible with a state uniform accounting system.

Source: SL 1901, ch 127, § 2; RPolC 1903, § 315; SL 1915, ch 276, § 1; RC 1919, § 6966; SDC 1939, § 55.2301; SL 1964, ch 158, § 1; SL 1984, ch 30, § 77.
S.D. Codified Laws § 4-7-46 — SD Code / Title 4 / Chapter 7 / Section 4-7-46
Maximum debt through South Dakota Building Authority and vocational education program of South Dakota Health and Educational Facilities Authority
Status: in_force

The total principal amount of debt outstanding through the South Dakota Building Authority and the vocational education program of the South Dakota Health and Educational Facilities Authority may not exceed one and two-tenths percent of South Dakota's gross domestic product for the most recently completed calendar year as calculated by the United States Bureau of Economic Analysis.

Source: SL 2015, ch 6, § 4; SL 2015, ch 40, § 1.
S.D. Codified Laws § 4-11-13 — SD Code / Title 4 / Chapter 11 / Section 4-11-13
Copies of audit reports received in evidence
Status: in_force

A copy of any record or report in the office of the Department of Legislative Audit, certified to by the auditor - general under his seal and attested by the secretary of state with the great seal of the state affixed thereto, shall be received in evidence in all courts of this state with the same effect as the original thereof and without further authentication.

Source: SL 1943, ch 258, § 8; SDC Supp 1960, § 55.2908; SL 1965, ch 244; SL 1966, ch 165, § 9.
S.D. Codified Laws § 4-5-41 — SD Code / Title 4 / Chapter 5 / Section 4-5-41
School district eligibility--Determination and certification
Status: in_force

A school district is an eligible school district for the purposes of §§ 4-5-40 to 4-5-44 , inclusive, if the Health and Educational Facilities Authority determines and certifies to the State Investment Council and the Governor that the school district is:

(1) Expected to have sufficient tax and other revenues in the applicable fiscal year sufficient to pay principal and interest when due on all promissory notes issued or to be issued by the school district in connection with any program established by the Health and Educational Facilities Authority pursuant to § 1-16A-75 ; and

(2) That the principal amount of any promissory notes issued by the school district in connection with such program does not exceed the principal amount of general obligation funding bonds that the district is, as of the date of certification, authorized to issue under § 13-19-7 and Article XIII, § 4 of the Constitution.

Source: SL 1998, ch 24, § 2.
S.D. Codified Laws § 4-11-17 — SD Code / Title 4 / Chapter 11 / Section 4-11-17
Attorney general to assist and supervise prosecutions
Status: in_force

It shall be the duty of the attorney general, when called upon by the auditor - general, to aid in any investigation or matter needing legal advice or inquiry, and to supervise the prosecution of all offenders under the laws relating thereto.

Source: SL 1887, ch 124, § 10; CL 1887, § 126; RPolC 1903, § 103; RC 1919, § 5368; SDC 1939, § 55.1504.
S.D. Codified Laws § 4-7-25.1 — SD Code / Title 4 / Chapter 7 / Section 4-7-25.1
Budgetary accounting service agency--Administration--Purpose
Status: in_force

The Bureau of Finance and Management shall administer a service agency whose primary purpose shall be to serve statewide needs relating to budgetary accounting services and to provide the services for any department, agency, commission, institution, or any other units of state government.

Source: SL 1980, ch 38, § 1.
S.D. Codified Laws § 4-1-1 — SD Code / Title 4 / Chapter 1 / Section 4-1-1
Composition of State Board of Finance--Quorum--Chairman and secretary
Status: in_force

The State Board of Finance shall consist of the Governor, state treasurer, secretary of state, state auditor, attorney general, commissioner of school and public lands, commissioner of finance and management, and commissioner of human resources and administration, any five of whom shall constitute a quorum. The Governor shall be chairman of the board and the secretary of state its secretary.

Source: SL 1909, ch 229, § 1; SL 1911, ch 234, § 1; RC 1919, § 6872; SL 1923, ch 278, § 1; SL 1925, ch 115, ch II, art VI, § 3; SL 1925, ch 280; SDC 1939, § 55.2001; SL 1943, ch 257, § 10; SL 1972, ch 24; SL 1979, ch 31; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 4-5-22 — SD Code / Title 4 / Chapter 5 / Section 4-5-22
Annual budget for division--Appointment of employees
Status: in_force

The state investment officer shall annually prepare a budget which shall be reviewed and approved by the State Investment Council and the Executive Board of the Legislative Research Council, prior to submission to the Bureau of Finance and Management. Subject to the appropriate rules and regulations regarding state employment, the state investment officer shall appoint all employees of the Division of Investment.

Source: SL 1971, ch 27, § 12; SL 1987, ch 44, § 2.
S.D. Codified Laws § 4-7-53 — SD Code / Title 4 / Chapter 7 / Section 4-7-53
Combined balance--Budget reserve fund and general revenue replacement fund--Minimum balance required--Transfer of general fund moneys
Status: in_force

If in any fiscal year the combined balance of the budget reserve fund, established in § 4-7-31 , and the general revenue replacement fund, established in § 4-7-45 , is less than ten percent of the general fund appropriations in the general appropriations act for the succeeding fiscal year, the Legislature, by law, must transfer one-third of the amount below such level over the next three fiscal years from the general fund to the budget reserve fund until the combined balance is ten percent of the general fund appropriations in the general appropriations act for the succeeding fiscal year.

Source: SL 2025, ch 32, § 1.
S.D. Codified Laws § 4-7-10.2 — SD Code / Title 4 / Chapter 7 / Section 4-7-10.2
Repeal of statutes establishing salaries of appointed officials
Status: in_force

All statutory provisions specifically establishing salaries or providing administrative procedures to establish salaries for appointed officials of all departments and agencies of the executive branch of state government are hereby repealed.

Source: SL 1969, ch 218, § 2.
S.D. Codified Laws § 4-8-1 — SD Code / Title 4 / Chapter 8 / Section 4-8-1
Expenditures to be authorized by appropriations based on budget
Status: in_force

All expenditures of the state and of its budget units of moneys drawn from the state treasury shall be made under the authority of appropriation acts, which shall be based upon a budget as provided by law, and no money shall be drawn from the treasury, except by appropriation made by law pursuant to S.D. Const., Art. XII, § 2.

Source: SL 1963, ch 353, § 10.
S.D. Codified Laws § 4-8-17 — SD Code / Title 4 / Chapter 8 / Section 4-8-17
Acceptance and disbursement of federal funds
Status: in_force

The Governor is authorized and empowered to accept on behalf of the state any appropriations made or moneys allotted to the state by the United States of America, as well as the provisions of any act of Congress appropriating or allotting such funds to the state to be used in cooperation with departments of the federal government and appropriations and acts of Congress.

The Governor shall administer and expend funds received for the State of South Dakota pursuant to the provisions of this section through such state departments as the Governor designates for that purpose. The funds must be deposited in the state treasury to be paid out by warrants drawn by the state auditor on vouchers approved by the Governor.

Source: SL 1919, ch 203, §§ 1, 2; SDC 1939, § 55.2209; SL 2023, ch 3, § 24.
S.D. Codified Laws § 4-8-20 — SD Code / Title 4 / Chapter 8 / Section 4-8-20
Payment of claims contracted in one year from subsequent year's funds
Status: in_force

Valid claims contracted for in one fiscal year may be paid from an appropriation for a subsequent fiscal year upon specific approval of the commissioner of finance and management.

Source: SL 1963, ch 353, § 12 (3).
S.D. Codified Laws § 4-11-3 — SD Code / Title 4 / Chapter 11 / Section 4-11-3
Special audit of state accounts on Governor's order--Report of audit
Status: in_force

A special audit, investigation, or examination of any of such matters specified in § 4-11-2 or of any additional matter relating to state affairs directly or indirectly shall also be made at any time upon written order of the Governor and a report shall likewise be made of such special audit, investigation, or examination and filed with the Governor and secretary of state and be subject to public inspection in the Office of Secretary of State.

Source: SL 1943, ch 258, § 6; SL 1953, ch 293; SDC Supp 1960, § 55.2906 (2).
S.D. Codified Laws § 4-2-13 — SD Code / Title 4 / Chapter 2 / Section 4-2-13
Taxing districts not annually audited required to file annual report--Townships excepted
Status: in_force

Any taxing district which is not otherwise required by law to have an annual audit of its financial records conducted by the Department of Legislative Audit or by an auditor approved by the Department of Legislative Audit, shall file an annual report of the district's financial affairs with the Department of Legislative Audit within ninety days of the close of the district's fiscal year. However, this section does not apply to townships.

Source: SL 1991, ch 38, § 1.
S.D. Codified Laws § 4-10-8 — SD Code / Title 4 / Chapter 10 / Section 4-10-8
Photography and reproduction of auditor's files--Discretion to destroy--Certified copies--Applicability
Status: in_force

Except as otherwise provided in this section, the state auditor has discretion to destroy, without further approval or authorization from the records destruction board, any:

(1) Warrant that has been microfilmed, as soon as the microfilm copy is verified as:

(a) An accurate and complete copy of the original;

(b) Clearly legible with viewing instruments; and

(c) Capable of being enlarged to produce either a positive or negative copy of the approximate size of the original;

(2) Microfilm or electronic copies that are at least fifteen years old and have been audited by the auditor - general; and

(3) Voucher, together with any supporting receipts, that is at least seven years old and has been audited by the auditor - general.

A certified copy of a microfilmed or electronic record is an official record of the state auditor for any purpose and may be used as evidence in any administrative agency or court.

Nothing in this section affects the provisions of §§ 4-9-19 and 4-9-20 .

Source: SDC 1939, § 55.1307 as added by SL 1963, ch 304; SL 1967, ch 251; SL 1975, ch 46; SL 1986, ch 48; SL 2026, ch 3, § 16.
S.D. Codified Laws § 4-6-23 — SD Code / Title 4 / Chapter 6 / Section 4-6-23
Depository's monthly statement of deposits, disbursements and interest--Affidavit denying bribery--False statement as perjury
Status: in_force

Every state depository at the end of each month and oftener when required by the state treasurer, shall file with the state treasurer a sworn statement of the amount of state money deposited with it, and of all payments of state money during the month, together with a computation and statement of the amount of interest earned thereon, computed on the average daily balance, which interest shall be remitted to the state treasury at the end of each month. Such statement shall be accompanied by an affidavit of the president or cashier of such depository bank to the effect that it is in all respects true and correct, and that neither the depository nor any officer, agent, or employee thereof, nor any person on its behalf, has in any way given, paid, or rendered, or promised to give, pay, or render to the state treasurer, or any other person, any money, credit, service, or benefit, by reason or in consideration of the deposit with it of any part or portion of the state money. Any person who shall make any false statement in any affidavit required by this section, shall be guilty of perjury, and upon conviction thereof, shall be punished as provided by law.

Source: SL 1909, ch 229, § 17; SL 1911, ch 234, § 17; RC 1919, § 6885; SDC 1939, §§ 55.2409, 55.9920; SL 1984, ch 30, § 72.
S.D. Codified Laws § 4-8A-2 — SD Code / Title 4 / Chapter 8A / Section 4-8A-2
Special interim committee created--Approval and removal of members
Status: in_force

Those members of the South Dakota Legislature who serve on the senate and house of representatives standing committees on appropriations during any regular legislative session shall serve as a special committee during the interim between regular legislative sessions. The president pro tempore of the Senate may remove any member of the Senate from the special committee if requested by the member of the special committee. The president pro tempore of the Senate may appoint any member of the Senate to fill a vacancy on the special committee that may occur due to the death, resignation, or removal of a member of the Senate serving on the special committee. The speaker of the House of Representatives may remove any member of the House of Representatives from the special committee if requested by the member of the special committee. The speaker of the House of Representatives may appoint any member of the House of Representatives to fill a vacancy on the special committee that may occur due to the death, resignation, or removal of a member of the House of Representatives serving on the special committee.

Source: SL 1974, ch 44, § 2; SL 1996, ch 34, § 1.
S.D. Codified Laws § 4-9-28 — SD Code / Title 4 / Chapter 9 / Section 4-9-28
Payment of warrants not presented in time--Fund or account charged
Status: in_force

Notwithstanding the provisions for cancellation of state warrants as set forth in this chapter the state auditor shall direct the payment of any properly issued warrant to any person entitled to payment thereof within a period of four years from date of issue and may direct the payment for warrants more than four years from the date of issue. Such payments shall be made from the same fund or account from which issuance was originally made.

Source: SL 1970, ch 31, § 6; SL 1985, ch 33, § 7.
S.D. Codified Laws § 4-5-37 — SD Code / Title 4 / Chapter 5 / Section 4-5-37
Conflicts with other laws
Status: in_force

To the extent that the provisions of §§ 4-5-12 to 4-5-39 , inclusive, are inconsistent with the provisions of any other law, the provisions of said sections shall be controlling.

Source: SL 1971, ch 27, § 27.
S.D. Codified Laws § 4-8-22 — SD Code / Title 4 / Chapter 8 / Section 4-8-22
Period of availability of maintenance and repair appropriations--Reversion--Availability of encumbered amounts
Status: in_force

Any moneys appropriated for maintenance and repair shall be available for expenditure for two full fiscal years following the effective date such appropriation was available for expenditure, at which time, the unexpended balances of such appropriations which have not been contractually obligated in writing and approved by the commissioner of finance and management prior to the end of the fiscal year, shall revert to the fund from which the appropriation was made. Such encumbered amounts shall be only available for such expenditure for a period of not to exceed two additional fiscal years as determined by the commissioner of finance and management.

Source: SL 1967, ch 260, § 3; SL 1979, ch 32, § 3.
S.D. Codified Laws § 4-7-39 — SD Code / Title 4 / Chapter 7 / Section 4-7-39
Transfer of unobligated cash to general revenue replacement fund
Status: in_force

The commissioner of the Bureau of Finance and Management shall transfer any unobligated cash remaining after the transfer into the budget reserve fund as required by § 4-7-32 into the general revenue replacement fund if the amount in the general revenue replacement fund does not exceed fifteen percent of the general fund appropriations in the General Appropriations Act for the previous fiscal year.

Source: SL 1998, ch 26, § 1; SL 2002, ch 28, § 1; SL 2015, ch 39, § 12.
S.D. Codified Laws § 4-3-17 — SD Code / Title 4 / Chapter 3 / Section 4-3-17
Receipt by treasurer of federal payments for rent or in lieu of taxes
Status: in_force

The state treasurer is authorized and directed to receive from the federal government or any agency thereof any federal funds which may be made available to any of the taxing subdivisions of this state as rentals upon or income from any lands acquired in this state by the federal government or any of its agencies, or any funds which may be paid in lieu of taxes on said land.

Source: SL 1937, ch 247, § 1; SDC 1939, § 55.1402.
S.D. Codified Laws § 4-11-9 — SD Code / Title 4 / Chapter 11 / Section 4-11-9
Reports of audits--Place of filing
Status: in_force

The auditor - general shall make detailed reports of the result of any audits or investigations made by the Department of Legislative Audit within sixty days after such audits or investigations have been completed. The auditor - general shall file reports of state agencies with the Governor and the respective state agency. The auditor - general shall file reports of political subdivisions with the respective governing board and finance director.

Source: SL 1943, ch 258, § 8; SDC Supp 1960, § 55.2908; SL 1965, ch 244; SL 1966, ch 165, § 9; SL 1974, ch 55, § 7; SL 1995, ch 29.
S.D. Codified Laws § 4-7-26 — SD Code / Title 4 / Chapter 7 / Section 4-7-26
Rules and regulations
Status: in_force

The commissioner of finance and management is hereby authorized, upon approval of the Governor, to issue such rules and regulations as he deems necessary for the carrying out of the provisions and intent of this chapter.

Source: SL 1963, ch 353, § 3.
S.D. Codified Laws § 4-11-11 — SD Code / Title 4 / Chapter 11 / Section 4-11-11
Filing of audit reports--Open to public inspection
Status: in_force

The auditor - general shall at all times keep on file in his office the original copy and such additional copies as may be deemed necessary of any report of investigations, audits, or examinations made by his department or any private audit under the provisions of this chapter. All of the reports shall at all times be open to public inspection ten days after date of filing in any of the public offices.

Source: SL 1943, ch 258, § 8; SDC Supp 1960, § 55.2908; SL 1965, ch 244; SL 1966, ch 165, § 9; SL 1985, ch 34, § 5.
S.D. Codified Laws § 4-4-4 — SD Code / Title 4 / Chapter 4 / Section 4-4-4
Governmental accounting systems to comport with generally accepted accounting principles
Status: in_force

Any accounting system used by any state agency or any component unit of state government shall be designed to meet the financial accounting and reporting requirements of generally accepted accounting principles.

Source: SL 1966, ch 188, § 4; SL 1981, ch 27, § 1; SL 1985, ch 33, § 22; SL 1988, ch 81, § 8; SL 2001, ch 23, § 1.
S.D. Codified Laws § 4-8A-3 — SD Code / Title 4 / Chapter 8A / Section 4-8A-3
Special committee--Powers and duties
Status: in_force

The special committee shall serve to release moneys from any general contingency funds appropriated for contingent purposes by the general appropriation bill or any special appropriation bill. The committee shall also serve to continually review, evaluate, and coordinate state fiscal and budgetary policy, including the creation of any new budget units by any agency, and carry out any assignments made by the Executive Board of the Legislative Research Council.

The committee may hold public hearings to review the budget report submitted by the Governor and the long-term capital improvements budget as required in § 4-7-19 . The committee may summon and examine witnesses.

Source: SL 1974, ch 44, § 3; SL 2014, ch 28, § 1; SL 2025, ch 33, § 2.
S.D. Codified Laws § 4-7-25 — SD Code / Title 4 / Chapter 7 / Section 4-7-25
Other duties of bureau
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall perform all other duties provided for in this chapter and such other duties as the Legislature may from time to time prescribe.

Source: SL 1963, ch 353, § 4 (7).
S.D. Codified Laws § 4-9-17 — SD Code / Title 4 / Chapter 9 / Section 4-9-17
Termination of funds in treasury--Retention of money to pay outstanding liabilities and warrants--Transfer of remaining balance after 180 days
Status: in_force

If a fund other than the general fund becomes nonexistent or is transferred to another fund by an act of the Legislature or by directive of any state department or institution, the commissioner of finance and management shall retain sufficient money within the fund to pay all outstanding liabilities and all outstanding warrants drawn against the fund until the warrants expire one hundred eighty days after their issuance. The commissioner of finance and management shall transfer any balance remaining in the fund after the expiration period to the fund if the original fund was previously transferred or to the general fund if no other fund was designated.

Source: SL 1953, ch 291, § 2; SDC Supp 1960, § 55.2507; SL 1970, ch 31, § 1; SL 1978, ch 39, § 1; SL 1984, ch 30, § 3; SL 1988, ch 47, § 1.
S.D. Codified Laws § 4-8A-4 — SD Code / Title 4 / Chapter 8A / Section 4-8A-4
Meetings of special committee--Quorum
Status: in_force

The special committee shall meet upon the call of the chair or co - chairs between regular legislative sessions. A majority of the membership constitutes a quorum for the transaction of business.

Source: SL 1974, ch 44, § 6; SL 1996, ch 34, § 2.
S.D. Codified Laws § 4-6A-14 — SD Code / Title 4 / Chapter 6A / Section 4-6A-14
Payment of assessments by depositories--Liquidation of collateral on failure to pay
Status: in_force

Assessments made by the Public Deposit Protection Commission pursuant to § 4-6A-13 shall be payable on the second business day following demand, and in case of the failure of any qualified public depository so to pay, the commission shall forthwith take possession of the securities segregated as collateral by such depository pursuant to this chapter and liquidate the same for the purpose of paying such assessment.

Source: SL 1974, ch 39, § 9 (4).
S.D. Codified Laws § 4-3-22 — SD Code / Title 4 / Chapter 3 / Section 4-3-22
Maturity date for revenue anticipation warrants--Interest provisions
Status: in_force

The treasurer of the state is authorized, in his discretion, based upon estimates as to when uncollected revenues already assessed will be paid, to determine and express upon the face of the warrants issued pursuant to § 4-3-21 the date when such warrants and the interest thereon shall become due and payable; and may also provide in such warrants where such interest shall be payable and whether annually or semiannually.

Source: SL 1895, ch 91, § 2; SL 1895, ch 92, § 1; SL 1895, ch 93, § 1; RPolC 1903, § 2248; SL 1909, ch 120; RC 1919, § 6971; SL 1921, ch 397; SDC 1939, § 55.2504.
S.D. Codified Laws § 4-2-11 — SD Code / Title 4 / Chapter 2 / Section 4-2-11
Failure to permit access or obey subpoena--Punishment as contempt
Status: in_force

Failure to obey any subpoena or to permit access as provided in §§ 4-2-9 and 4-2-10 shall be punished the same as a contempt of court and compliance with the provisions of this chapter may be enforced and contempt punished as provided by chapter 21-34 .

Source: SL 1943, ch 258, § 4; SDC Supp 1960, § 55.2904; SL 1966, ch 165, § 3.
S.D. Codified Laws § 4-3-4.2 — SD Code / Title 4 / Chapter 3 / Section 4-3-4.2
Remission of receipts by state officer or employee to state treasury--Accountability
Status: in_force

All money, emoluments, and perquisites other than personal salary received by any officer or employee of this state shall be remitted to the state treasury by the end of the working day following the day money is received or as specified by the state treasurer. The state treasurer shall establish rules and regulations to assure accountability.

Source: SL 1984, ch 30, § 19.
S.D. Codified Laws § 4-7-12 — SD Code / Title 4 / Chapter 7 / Section 4-7-12
Access of Governor-elect to budget report in process--Supplementary budget message by incoming Governor
Status: in_force

The Governor - elect and the Governor-elect's designated budget representatives are entitled to examine the budget report in process and the Bureau of Finance and Management shall provide the Governor-elect with every practicable facility for familiarizing the Governor-elect with its contents.

In case of a change of administration, the outgoing Governor shall deliver the budget report to the Legislature with a message, and the incoming Governor shall then have ten legislative days in which to review the budget as prepared and delivered by the Governor-elect's predecessor, and the Governor-elect may send to the Legislature a supplementary budget message making suggestions for any changes.

Source: SL 1963, ch 353, § 8 (3); SL 2023, ch 3, § 23.
S.D. Codified Laws § 4-5-31 — SD Code / Title 4 / Chapter 5 / Section 4-5-31
Physical custody of securities purchased--Deposit with fiscal agent
Status: in_force

All securities purchased shall be in the physical custody of the state treasurer who may, with the approval of the State Investment Council, deposit with a fiscal agent the securities as he shall consider advisable to be held in safekeeping by said agent for collection of principal and interest.

Source: SL 1971, ch 27, § 23.
S.D. Codified Laws § 4-5-4.1 — SD Code / Title 4 / Chapter 5 / Section 4-5-4.1
Limitation of warrants on institutions' funds--Diversion of other funds prohibited--Proration of income
Status: in_force

No warrants shall be drawn in excess of the funds made available in the institutions' funds by the Board of Regents and at no time shall any money from other funds be diverted to the use of the institutions' funds. The state investment officer shall prorate all income to the institutions as required by § 4-5-30 .

Source: SL 1977, ch 37, § 1; SL 1985, ch 33, § 34.
S.D. Codified Laws § 4-5-51 — SD Code / Title 4 / Chapter 5 / Section 4-5-51
Updating scrutinized companies list
Status: in_force

The State Investment Council shall update the scrutinized companies list each quarter based on continuing information.

Source: SL 2010, ch 27, § 4.
S.D. Codified Laws § 4-5-48 — SD Code / Title 4 / Chapter 5 / Section 4-5-48
Definition of terms related to investments in companies liable under Iran Sanctions Act
Status: in_force

Terms used in §§ 4-5-48 to 4-5-60 , inclusive, mean:

(1) "Active business operations," all business operations that are not inactive business operations;

(2) "Company," any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for profit-making purposes;

(3) "Direct holdings," all publicly traded debt and equity securities of a company that are held directly by the State Investment Council or held in an account or fund in which the State Investment Council owns all shares or interests;

(4) "Government of Iran," the government of the Islamic Republic of Iran or its instrumentalities or political subdivisions and companies owned or controlled by the Islamic Republic of Iran;

(5) "Inactive business operations," the continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such a purpose;

(6) "Indirect holdings," all investments held in an account or fund, including a mutual fund, a real estate fund, a private equity fund, or a commingled fund, managed by one or more persons who are not employed by the State Investment Council, in which the public funds own shares or interests together with other investors who are not subject to §§ 4-5-48 to 4-5-60 , inclusive;

(7) "Scrutinized company," any company engaging in scrutinized business operations;

(8) "Scrutinized business operations," all active business operations that are subject or liable to sanctions under Public Law 104-172, as amended, the Iran Sanctions Act of 1996, and that involve the maintenance of a company's existing assets or investments in Iran, or the deployment of new investments to Iran that meet or exceed the twenty million dollar threshold referred to in Public Law 104-172, as amended, the Iran Sanctions Act of 1996. The term does not include the retail sale of gasoline and related products;

(9) "Substantial action specific to Iran," adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within one year and to refrain from any such new business operations.

Source: SL 2010, ch 27, § 1.
S.D. Codified Laws § 4-5-4 — SD Code / Title 4 / Chapter 5 / Section 4-5-4
Accounting for disbursements and reimbursement of institution incidental funds
Status: in_force

In each case, where such a payment is made, the amount thereof shall be returned to said permanent incidental fund immediately upon receipt of the state auditor's warrant drawn on the proper fund or appropriation covering the bill for which said payment was advanced and for that purpose a detailed account of the expenses so paid shall, at regular intervals, be presented with verified vouchers, itemized and supported by receipted bills, or other information as may be required by the state auditor and auditor - general as evidence of payment, which shall be subject to audit and approval as other state claim vouchers. No payments shall be made in advance of the proper presentation of claim vouchers to the state auditor and the issuance of a state warrant on the state treasury by any of the institutions covered by §§ 4-5-2 to 4-5-4 , inclusive, except as authorized herein.

Source: SL 1953, ch 315; SL 1955, ch 257; SDC Supp 1960, § 55.2205-1; SL 1965, ch 242, § 1.
S.D. Codified Laws § 4-3-26 — SD Code / Title 4 / Chapter 3 / Section 4-3-26
Destruction of unusable revenue stamps
Status: in_force

The secretary of revenue may destroy all mutilated, unusable, and obsolete cigarette state revenue stamps.

Source: SL 1949, ch 229, §§ 1, 2; SDC Supp 1960, § 55.1410; SL 1984, ch 30, § 1.
S.D. Codified Laws § 4-7-13.1 — SD Code / Title 4 / Chapter 7 / Section 4-7-13.1
Full-time equivalent appropriations separated in financial plan
Status: in_force

The financial plan adopted by the Legislature as prescribed in § 4-7-13 must separate the appropriations for full - time equivalent positions as defined in § 2-14-2 .

Source: SL 1977, ch 40, § 2; SL 2026, ch 19, § 5.
S.D. Codified Laws § 4-5-9 — SD Code / Title 4 / Chapter 5 / Section 4-5-9
Custody or deposit of investments--Exception--Credit of interest earned
Status: in_force

Except for investments authorized by subdivision 4-5-6(c), all investments made pursuant to §§ 4-5-5 , 4-5-6 , 4-5-8 , 4-5-23 , and 4-5-28 shall be in the physical custody of the political subdivision or may be deposited in a safekeeping account with any bank or trust company designated by the political subdivision as its fiscal agent. The interest earned shall be credited to the respective fund or the general fund.

Source: SL 1945, ch 359, § 3; SDC Supp 1960, § 48.0507; SL 1961, ch 258, § 1; SL 1967, ch 237, § 1; SL 1988, ch 44, § 2.
S.D. Codified Laws § 4-5-23 — SD Code / Title 4 / Chapter 5 / Section 4-5-23
Public funds to be invested by investment officer--Functions transferred--Agreements with risk-sharing entities
Status: in_force

The state investment officer is responsible for the investment of the state public funds as defined in chapter 4-4 . All functions, powers, and duties presently vested by law in any officer, official, employee, agency, or commission which relates to the investment of the state public funds and accounts enumerated in this section are transferred to the state investment officer. In addition, the state investment officer may enter into agreements for the investment of cash accounts, reserves, and surplus funds with public entities created for the purpose of risk sharing pursuant to chapter 1-24 . These entities' investments shall be restricted as provided in § 4-5-26 . The agreements shall provide for the transfer of money from the public entities investment pool to the investment council expense account as provided in § 4-5-30 .

Source: SL 1971, ch 27, § 13; SL 1984, ch 30, § 2; SL 1997, ch 37, § 1; SL 1999, ch 20, § 2.
S.D. Codified Laws § 4-2-2 — SD Code / Title 4 / Chapter 2 / Section 4-2-2
Qualifications and appointment of auditor-general--Term--Vacancies
Status: in_force

The powers and duties of the Department of Legislative Audit shall be executed and performed by and under the direction of an auditor - general who shall be an experienced public accountant, and who shall be appointed to the Office of Auditor - General by a concurrent resolution of the two houses of the State Legislature. The term of office of the auditor - general shall be eight years and until the appointment and qualification of his successor. Should the office be vacant when the Legislature is not in session, the Executive Board of the Legislative Research Council shall appoint an auditor - general to serve until the next legislative session and the appointment and qualification of his successor.

Source: SL 1943, ch 258, § 2; SDC Supp 1960, § 55.2902; SL 1966, ch 165, § 1; SL 1968, ch 205, § 1.
S.D. Codified Laws § 4-6A-11 — SD Code / Title 4 / Chapter 6A / Section 4-6A-11
Ascertainment of public deposits and insurance when depository restrained or taken in possession--Certification to public depositors
Status: in_force

For the purposes of determining the sums to be paid pursuant to § 4-6A-10 , the Public Deposit Protection Commission shall, within twenty days after issuance of a restraining order or the taking of possession of any qualified public depository, ascertain the amount of public funds on deposit therein as disclosed by its record and the accounts thereof insured by deposit insurance and certify such insured accounts to each such public depositor.

Source: SL 1974, ch 39, § 9 (1); SL 1982, ch 45, § 1F; SL 1986, ch 44, § 8; SL 1986, ch 45, § 7; SL 1987, ch 45, § 7.
S.D. Codified Laws § 4-11-16 — SD Code / Title 4 / Chapter 11 / Section 4-11-16
Attorney general to oversee or institute civil actions--Criminal prosecutions not affected
Status: in_force

It shall be the duty of the Governor and of the attorney general to see that the provisions of §§ 4-11-14 and 4-11-15 are faithfully complied with and upon refusal or neglect of the proper legal officer to institute a civil action as herein provided, the attorney general shall have the power to institute and prosecute such action to final determination at the expense of the subdivision or agency involved. Nothing contained in §§ 4-11-14 to 4-11-16 , inclusive, shall in any manner bar or prejudice any criminal actions or prosecutions which may be applicable.

Source: SL 1943, ch 258, § 9; SDC Supp 1960, § 55.2909.
S.D. Codified Laws § 4-10-7 — SD Code / Title 4 / Chapter 10 / Section 4-10-7
Records and vouchers kept by auditor
Status: in_force

The state auditor shall maintain physical or electronic access to:

(1) Records of all public accounts and other documents that are by law made returnable to the auditor's office; and

(2) Any other vouchers relative to the business of the office.

Source: SL 1862-3, ch 53, § 8; PolC 1877, ch 7, § 6; CL 1887, § 73; RPolC 1903, § 75; SL 1917, ch 347; RC 1919, § 5344; SDC 1939, § 55.1307; SL 1963, ch 304; SL 1967, ch 251; SL 1993, ch 50, § 8; SL 2026, ch 3, § 15.
S.D. Codified Laws § 4-5-50 — SD Code / Title 4 / Chapter 5 / Section 4-5-50
List of scrutinized companies
Status: in_force

At the first meeting of the State Investment Council after it has completed the requirements of § 4-5-49 , the State Investment Council shall assemble a list of scrutinized companies in which it has direct holdings.

Source: SL 2010, ch 27, § 3.
S.D. Codified Laws § 4-9-24 — SD Code / Title 4 / Chapter 9 / Section 4-9-24
Stop order on lost or destroyed warrant or check--Issuance of replacement
Status: in_force

Upon approval of the application by the issuing officer, the issuing officer shall cause a stop - payment order to be filed with the drawee bank and he shall thereafter issue a warrant or check marked "REPLACEMENT OF NO. _ " and deliver the warrant or check to the applicant thereof.

Source: SL 1965, ch 243, § 1 (5); SL 1984, ch 30, § 82; SL 1993, ch 50, § 7.
S.D. Codified Laws § 4-5-54 — SD Code / Title 4 / Chapter 5 / Section 4-5-54
Acquisition of securities in companies with scrutinized business operations prohibited
Status: in_force

The State Investment Council may not acquire securities of companies on the scrutinized companies list that have scrutinized business operations, except as provided in §§ 4-5-48 to 4-5-60 , inclusive.

Source: SL 2010, ch 27, § 7.
S.D. Codified Laws § 4-9-4 — SD Code / Title 4 / Chapter 9 / Section 4-9-4
Declaration in lieu of verification or oath--Handwritten or electronic signature--False statement as perjury
Status: in_force

Wherever any law of this state requires a claim or account against the state or any political subdivision of the state to be verified or sworn to before an officer authorized to administer oaths, prior to presentation or payment, it is sufficient compliance with the law if the claimant, or authorized officer or agent of the claimant, in lieu of verification before a notary public, signs with either an original handwritten signature or an electronic signature attached using a security procedure capable of verifying the act of the person signing the record acknowledging the following statement: "I declare and affirm under the penalties of perjury that this claim has been examined by me, and to the best of my knowledge and belief, is in all things true and correct."

Any individual who signs with either an original handwritten signature or an electronic signature attached using a security procedure capable of verifying the act of the person signing the record acknowledging a claim or account bearing the written or printed statement pursuant to this section, knowing the statement is false, in whole or in part, is guilty of perjury.

Source: SL 1953, ch 490, §§ 1, 2; SDC Supp 1960, §§ 55.2918, 55.9939; SL 1980, ch 24, § 61; SL 2026, ch 3, § 11.
S.D. Codified Laws § 4-3-14 — SD Code / Title 4 / Chapter 3 / Section 4-3-14
Interest on delinquencies in county payments to state
Status: in_force

All remittances not received from counties within the time provided by this chapter shall bear interest at the Category A rate of interest as established in § 54-3-16 from the first day of the month on which the remittance became due, and the interest shall be credited to the general fund.

Source: SL 1891, ch 113, § 6; RPolC 1903, § 325; RC 1919, § 6939; SL 1921, ch 382, § 6; SDC 1939, § 55.2311; SL 1983, ch 28, § 1; SL 1984, ch 30, § 26; SL 1984, ch 319, § 3.
S.D. Codified Laws § 4-7-3 — SD Code / Title 4 / Chapter 7 / Section 4-7-3
General budgetary powers of Governor
Status: in_force

The Governor, through the Bureau of Finance and Management, shall supervise every public department, agency, commission, institution and other governmental units as is necessary to secure a uniform and standard classification of accounts and financial reports that will promote the efficient and accurate financial information necessary to conduct the fiscal affairs of state government. The Governor may inquire into the methods of conducting the affairs of any public body, and may prescribe and direct the use of standard forms and uniform records of accounts and standard and uniform financial reports, including, if deemed advisable, an encumbrance system and an allotment system.

Source: SL 1963, ch 353, § 3; SL 1966, ch 170, § 1; SL 2023, ch 3, § 21.
S.D. Codified Laws § 4-7-1.1 — SD Code / Title 4 / Chapter 7 / Section 4-7-1.1
Definitions
Status: in_force

For the purposes of this chapter:

(1) An "advisory body" is one which serves as an official consultant or advisor to a state agency without making formal policy decisions for the agency or its programs;

(2) A "legislative body" is one composed primarily of legislators pursuant to chapter 1-26 , 1-26B , 2-6 , 2-9 , 2-11 , 2-16 , 4-8A , or 4-8B ;

(3) A "management body" is a policymaking body which has additional duties, responsibilities, and authority such that they place additional demands upon the body's members in terms of attending meetings, dealing with state agencies and the public, and being knowledgeable in the body's specific subject area; and

(4) A "policymaking body" is one which monitors and directs the work of an agency by making official policy either through rule making, licensing, or regulatory authority.

Source: SL 1988, ch 45, § 2; SL 2015, ch 41, § 11.
S.D. Codified Laws § 4-5-1 — SD Code / Title 4 / Chapter 5 / Section 4-5-1
State treasurer not to profit from use of funds--Felony--Civil liability
Status: in_force

The making of profit, directly or indirectly, by the state treasurer, out of any money in the state treasury belonging to the state, with the custody of which the state treasurer is charged, by loaning or otherwise using it, or the removal by the state treasurer, or by his consent, of such money or any part thereof out of the vault or safe of the treasurer's department, or out of any legal depository of such money, except for the payment of the sums authorized by law to be paid, for the purpose of depositing the same, under the provisions of chapter 4-6 , in banks which shall have qualified as depositories, is a Class 6 felony, and the treasurer shall be liable upon his official bond for all profits realized from such unlawful use of such funds.

Source: SL 1909, ch 229, § 10; SL 1911, ch 234, § 10; RC 1919, § 6881; SDC 1939, § 55.9917; SL 1980, ch 24, § 55.
S.D. Codified Laws § 4-7-1 — SD Code / Title 4 / Chapter 7 / Section 4-7-1
Definitions
Status: in_force

Terms used in this chapter, unless the context otherwise requires, mean:

(1) "Appropriation," an authorization by the Legislature to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure described in this chapter;

(2) "Budget," the complete financial plan for the state for the fiscal period as proposed in the budget report and modified and adopted by appropriation and revenue acts;

(3) "Budget estimate," the statement with accompanying explanations, as provided in this chapter, in which a budget unit sets forth its financial requirements;

(4) "Budget report," the recommendations of the Governor to the Legislature as to financial plans and appropriations to be requested, with the accompanying statements and explanations provided for in this chapter;

(5) "Budget unit," a department, institution, commission, agency, board, examining board, or other unit of government for which separate appropriations, continuing appropriations or other dedications or earmarking of funds are made or which otherwise collects fees or funds of any nature under authority of any statute of this state;

(6) "Classification of expenditures," one of the several definite kinds of expenditures denoting a class of service or commodities purchased or properties acquired as specified by the commissioner of finance and management for use in expenditure accounting, in the making of budget estimates, and in the budget reports and budgets. Such classification shall be by program, function, activity, organizational unit, character and object;

(7) "General Appropriations Act," an act of the Legislature which authorizes the expenditure of money from public funds for the ordinary current expenditures of the executive, legislative, and judicial departments of the state, the current expenses of state institutions, interest on the public debt, and for public schools, as further defined by rules and regulations issued by the commissioner of finance and management;

(8) "Informational budget," the budget of any budget unit not receiving general fund appropriations;

(9) "Special appropriations act," an act of the Legislature which authorizes the expenditure of money from public funds for any purpose other than those purposes enumerated in the definition of the General Appropriations Act.

Source: SL 1963, ch 353, § 2; SL 1969, ch 217, §§ 1, 2; SL 2015, ch 41, § 10.
S.D. Codified Laws § 4-2-9 — SD Code / Title 4 / Chapter 2 / Section 4-2-9
Access to books and property for investigations--Space and equipment
Status: in_force

The auditor - general and any of his assistants, examiners, auditors, clerks, or agents shall be entitled to access to any and all of the books, blanks, records, vouchers, cash, and property of each and every department, agency, institution, office, fund, or political subdivision which it may be authorized to investigate and also to have reasonable use of the space and equipment in such places for its officers or employees in making any audit or investigation of any kind.

Source: SL 1943, ch 258, § 4; SDC Supp 1960, § 55.2904; SL 1966, ch 165, § 3.
S.D. Codified Laws § 4-2-7 — SD Code / Title 4 / Chapter 2 / Section 4-2-7
Employment of additional personnel for follow-up services
Status: in_force

The auditor - general may employ additional personnel whose duties shall be to provide follow - up services, without cost, to all departments and agencies of the state and to all of its political subdivisions, including school districts, in order to facilitate the implementation of recommendations resulting from audits conducted by the Department of Legislative Audit, and further in order to standardize and modernize the records and procedures, including those relating to the utilization of data processing, which are required to be followed by them.

Source: SDC Supp 1960, § 55.2903 as added by SL 1967, ch 255.
S.D. Codified Laws § 4-11-20 — SD Code / Title 4 / Chapter 11 / Section 4-11-20
Audit of vouchers, claims, and accounts of Department of Legislative Audit
Status: in_force

All salary and expense vouchers of the Department of Legislative Audit shall be audited and passed upon by the state auditor, who shall have the same power respecting such vouchers and claims as is herein conferred upon the auditor - general as to all other state departments, agencies, commissions, and institutions. The state auditor is authorized to make an examination and audit of the Department of Legislative Audit accounts whenever he deems it necessary.

Source: SL 1943, ch 258, § 13; SDC Supp 1960, § 55.2913.
S.D. Codified Laws § 4-8-24 — SD Code / Title 4 / Chapter 8 / Section 4-8-24
Unauthorized payment or obligation as misdemeanor--Revenue anticipation warrants and school fund distribution excepted
Status: in_force

Any state officer, deputy, agent, employee, or representative of the state in any capacity, who shall create or attempt to create any indebtedness against the state without express authority of a statute so to do, or any state auditor or member of any auditing board who shall draw any voucher or warrant without an appropriation for the specific purpose first having been made by the Legislature, or any state treasurer, or treasurer of any board who shall pay any voucher or warrant so drawn, or who shall make or attempt to make any expenditure of money in excess of the amount appropriated for any purpose by act of the Legislature, shall be guilty of a Class 2 misdemeanor; provided, that nothing in this section shall be deemed to prevent the issuance of funding warrants or warrants based upon the revenues assessed and not yet collected; provided further, that nothing in this section shall be so construed as to forbid the state auditor from issuing warrants apportioning the school funds and taxes collected from corporations to the several counties.

Source: SL 1891, ch 111, § 1; SL 1895, ch 97, § 1; RPenC 1903, § 541; RC 1919, § 3835; SDC 1939, § 13.1307; SL 1980, ch 24, § 60.
S.D. Codified Laws § 4-5-40 — SD Code / Title 4 / Chapter 5 / Section 4-5-40
Agreement to purchase general obligation funding bonds--Certification and approval required--Bonds to bear interest, mature, etc
Status: in_force

Notwithstanding the provisions of §§ 4-5-23 , 4-5-29 , and 4-5-37 , upon receipt of the certification of the Health and Educational Facilities Authority as described in § 4-5-41 and receipt of evidence that the Governor has not disapproved of the investment as contemplated by Article VIII, § 12 of the Constitution, the State Investment Council, acting by and through the state investment officer, shall enter into a contingent purchase agreement, bond purchase agreement, or similar instrument or arrangement pursuant to which the State Investment Council shall be obligated to purchase, as an investment of the permanent school and other education funds of the State of South Dakota established pursuant to Article VIII, § 11 of the Constitution, general obligation funding bonds to be issued by any eligible school district participating in a tax anticipation note program established by the Health and Educational Facilities Authority under § 1-16A-75 . Such bonds shall bear interest, mature, and contain such other terms and conditions as shall be approved by the Health and Educational Facilities Authority and as otherwise authorized by state law.

Source: SL 1998, ch 24, § 1.
S.D. Codified Laws § 4-8-26 — SD Code / Title 4 / Chapter 8 / Section 4-8-26
Appropriation of money deposited in treasury in trust or requiring refund
Status: in_force

Money deposited in the state treasury, which necessitates a refund to any party or is held in trust for any party, is appropriated for expenditure from the fund in which the money is deposited.

Source: SL 1984, ch 30, § 20.
S.D. Codified Laws § 4-3-21 — SD Code / Title 4 / Chapter 3 / Section 4-3-21
State revenue anticipation warrants authorized--Maximum amount--Terms of sale
Status: in_force

To protect the public credit and enable the state to provide for current expenses, the state treasurer, with the advice and consent of the Governor and auditor, is authorized and directed, whenever he finds it necessary to do so in order to provide for the actual necessary current expenses of conducting the public business of the state, to issue warrants based upon the revenues of the state already assessed for the current and preceding years but not yet collected, and in amount never exceeding the amount of such revenues so assessed and not yet collected, and for the purpose only of providing for the immediate and necessary current expenses of the state as aforesaid. Such warrants shall be sold at not less than par and at the lowest possible rate of interest, payable annually or semiannually.

Source: SL 1895, ch 91, § 2; SL 1895, ch 92, § 1; SL 1895, ch 93, § 1; RPolC 1903, § 2248; SL 1909, ch 120; RC 1919, § 6971; SL 1921, ch 397; SDC 1939, § 55.2504.
S.D. Codified Laws § 4-9-22 — SD Code / Title 4 / Chapter 9 / Section 4-9-22
Application and affidavit for replacement of lost or destroyed warrant or check
Status: in_force

An application and affidavit shall be made to the issuing officer, containing information to identify the original warrant or check with a request that a replacement warrant or check be issued. If the applicant is not the payee of the warrant or check, or a bank, the application shall contain an assignment by the payee to the applicant. The application and affidavit shall be sworn to by the applicant.

Source: SL 1965, ch 243, § 1 (1) to (3); SL 1981, ch 31, § 1; SL 1985, ch 33, § 4; SL 1993, ch 50, § 6; SL 1994, ch 44.
S.D. Codified Laws § 4-8-19.1 — SD Code / Title 4 / Chapter 8 / Section 4-8-19.1
Carry forward of funds received through American Recovery and Reinvestment Act or FAA Air Transportation Modernization and Safety Improvement Act
Status: in_force

Notwithstanding the prohibition by § 4-8-19 of funds being carried forward, funds received by the state from the federal government through the American Recovery and Reinvestment Act of 2009, P.L. 1 11-5 or the FAA Air Transportation Modernization and Safety Improvement Act, P.L. 111-226 may be carried forward.

Source: SL 2011, ch 27, § 4, eff. June 28, 2011.
S.D. Codified Laws § 4-8-21.1 — SD Code / Title 4 / Chapter 8 / Section 4-8-21.1
Lapse of bonding authorization after four years unless necessary to complete project contracted in writing--Exceptions
Status: in_force

At the end of four full fiscal years following the effective date of any act authorizing any officer, board, or commission to issue debt for any project or other purpose, unless the act explicitly provides otherwise, the authorization to issue debt shall lapse and cease to be available unless issuance of the debt is necessary to finance the completion of the project or purpose and the issuance of the debt is contractually obligated in writing. This section does not apply to the South Dakota Housing Development Authority, the South Dakota Health and Educational Facilities Authority, the South Dakota Economic Development Finance Authority, the Value Added Finance Authority, and the export development authority, any sum in excess of the cumulative funding need as estimated by the Legislature which may be authorized in § 46A-1-30 , or any refunding or refinancing operation undertaken by any officer, board, or commission.

Source: SL 1977, ch 42; SL 1989, ch 45.
S.D. Codified Laws § 4-5-6.2 — SD Code / Title 4 / Chapter 5 / Section 4-5-6.2
Investment in direct obligations of county, municipality, or school district or in bonds issued by state authority
Status: in_force

In addition to the investments permitted by § 4-5-6 , any public funds which are not needed for current operating expenses may be invested in:

(1) Direct obligations of any county, municipality, or school district in the state; and

(2) Bonds issued by the South Dakota Housing Development Authority, the South Dakota Health and Educational Facilities Authority, or the South Dakota Building Authority.

The investments shall be registered in the name of the political subdivision or authority or held under a custodial agreement at a bank. The investments shall be rated at the time of purchase within the two highest general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions. Other than permanent, trust, retirement, building, and depreciation reserve funds, such securities as provided in subdivisions (1) and (2) shall mature with eighteen months from the date of purchase or be redeemable at par at the option of the holder within eighteen months from the date of purchase.

Moneys in any bond redemption fund may be invested only in the types of investments listed in § 4-5-6 . The investments shall be due and payable on or before the date when the bonds for the payment of which the bond redemption fund was created become due and payable, except bonds of the United States redeemable at par.

No restriction in this section limits the investment authority otherwise granted under the laws of this state.

Source: SL 2011, ch 26, § 1; SL 2012, ch 32, § 1.
S.D. Codified Laws § 4-1-2 — SD Code / Title 4 / Chapter 1 / Section 4-1-2
Record of proceedings open to public--Meetings of board
Status: in_force

A record of the proceedings of the State Board of Finance shall be kept in the Office of the Secretary of State and be open at all times to public inspection. Such board shall meet on the third Tuesday of each month, or more frequently upon the request of the chairman or secretary.

Source: SL 1909, ch 229, § 1; SL 1911, ch 234, § 1; RC 1919, § 6872; SL 1923, ch 278, § 1; SDC 1939, § 55.2001; SL 1943, ch 257, § 10.
S.D. Codified Laws § 4-7-2 — SD Code / Title 4 / Chapter 7 / Section 4-7-2
Bureau within Department of Executive Management--Purpose
Status: in_force

The Bureau of Finance and Management is hereby continued within the Department of Executive Management, for the purpose of promoting economy and efficiency in the fiscal management of the state government. All its functions shall be performed by the Department of Executive Management.

Source: SL 1963, ch 353, § 3; SL 1971, ch 22, § 1; SL 1973, ch 2, § 15; SDCL Supp, § 4-7-2.1 ; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2021, ch 5, § 2.
S.D. Codified Laws § 4-6A-6 — SD Code / Title 4 / Chapter 6A / Section 4-6A-6
Information required of depository--Disqualification on failure to provide information
Status: in_force

The public deposit protection commission may require any qualified public depository to furnish such information dealing only with public deposits as the commission shall request. Any public depository which refuses or neglects to give any information so requested may no longer be a qualified public depository and is excluded from the right to receive public deposits until such time as the commission shall acknowledge that such depository has furnished the information requested.

Source: SL 1974, ch 39, § 5 (2); SL 1982, ch 45, § 1C; SL 1986, ch 44, § 5; SL 1986, ch 45, § 4; SL 1987, ch 45, § 4.
S.D. Codified Laws § 4-2-16 — SD Code / Title 4 / Chapter 2 / Section 4-2-16
Penalty for failure to submit timely audit report--Waiver of penalty for good cause
Status: in_force

A school board, municipality, board, or district under § 4-2-15 that fails to submit a timely audit report to the department shall be subject to a penalty of ten dollars per day for each day of delinquency. Upon submission of an untimely audit report to the department by a school board, municipality, board, or district, the auditor-general shall notify the attorney general of the appropriate penalty to be imposed under this section. If an audit report remains untimely for longer than one month, the auditor-general shall notify the attorney general of the appropriate penalty to be imposed each month until the untimely report is submitted to the department. The attorney general shall impose any penalty under this section. The proceeds of any penalty shall be deposited into the state general fund. The attorney general may waive the imposition of any penalty against any school board, municipality, board, or district for good cause shown.

Source: SL 2018, ch 43, § 2, effective for audits of periods ending on or after June 30, 2018.
S.D. Codified Laws § 4-5-2 — SD Code / Title 4 / Chapter 5 / Section 4-5-2
Incidental funds established for state institutions--Initial warrant
Status: in_force

A permanent incidental fund is hereby established at each of the institutions under the control of the State Board of Regents and of the executive branch. To provide the money for such fund, the state auditor may issue and deliver a warrant not in excess of five thousand dollars to the proper officer of each of the institutions, drawn on the local and endowment fund thereof, upon presentation of a properly executed voucher therefor.

Source: SL 1953, ch 315; SL 1955, ch 257; SDC Supp 1960, § 55.2205-1; SL 1965, ch 242, § 1; SL 1989, ch 20, § 47.
S.D. Codified Laws § 4-5-60 — SD Code / Title 4 / Chapter 5 / Section 4-5-60
Construction with other state law
Status: in_force

The State Investment Council is exempt from any statutory or common law obligations that conflict with actions taken in compliance with §§ 4-5-48 to 4-5-59 , inclusive, including all good faith determinations regarding companies as required by §§ 4-5-48 to 4-5-59 , inclusive, including any obligations regarding the choice of asset managers, investment funds, or investments for the State Investment Council's securities portfolios.

Source: SL 2010, ch 27, § 13.
S.D. Codified Laws § 4-8-2 — SD Code / Title 4 / Chapter 8 / Section 4-8-2
Payments and obligations to be authorized by law--Liability to state for unauthorized payments
Status: in_force

No payment shall be made and no obligation shall be incurred against any appropriation unless such payment or obligation has been authorized as provided by law. Every official authorizing payments in violation of this section or § 4-8-1 , or taking part therein, and every person receiving such payment, or any part thereof, shall be jointly and severally liable to the state for the full amount so paid or received.

Source: SL 1963, ch 353, § 11.
S.D. Codified Laws § 4-7-13 — SD Code / Title 4 / Chapter 7 / Section 4-7-13
Legislative adoption of financial plan for each year
Status: in_force

The financial plan for each fiscal year, as presented in the budget report, shall be adopted, with such modifications as are made by the Legislature, by the passage of a general appropriations act and special appropriations acts and such revenue and other acts as are necessary.

Source: SL 1963, ch 353, § 9.
S.D. Codified Laws § 4-7-29 — SD Code / Title 4 / Chapter 7 / Section 4-7-29
Exemption of Board of Regents from salary approval requirement
Status: in_force

The provisions of § 4-7-28 do not apply to officials under the jurisdiction of the Board of Regents.

Source: SL 1981, ch 30, § 3; SL 1989, ch 20, § 49.
S.D. Codified Laws § 4-4-3.1 — SD Code / Title 4 / Chapter 4 / Section 4-4-3.1
Local drug buy accounts
Status: in_force

The state treasurer and state auditor shall approve local drug buy accounts at the request of the attorney general.

Source: SL 2002, ch 25, § 3.
S.D. Codified Laws § 4-7-51 — SD Code / Title 4 / Chapter 7 / Section 4-7-51
Publication of financial plans
Status: in_force

The financial plans listed in §§ 4-7-48 to 4-7-50 , inclusive, shall be calculated, prepared, and released for public viewing by the Bureau of Finance and Management no later than January fifteenth of each year.

Source: SL 2015, ch 40, § 6.
S.D. Codified Laws § 4-4-2 — SD Code / Title 4 / Chapter 4 / Section 4-4-2
State public funds defined
Status: in_force

The term, state public funds, means cash, checks, bills, notes, drafts, stocks, bonds, and all similar mediums of exchange which are received or disbursed under law, including rules, by a department, institution, commission, any other agency of state government, or any entity created for the purpose of risk sharing by joint powers agreement pursuant to chapter 1-24 .

Source: SL 1966, ch 188, § 2; SL 1968, ch 212; SL 1999, ch 20, § 1.
S.D. Codified Laws § 4-8-25 — SD Code / Title 4 / Chapter 8 / Section 4-8-25
Retention of appropriation balance to pay outstanding liabilities of terminated budget unit--Reversion to general fund after one year
Status: in_force

Whenever, by an act of the Legislature or by directive of any state department or institution, a budget unit, as defined by subdivision 4-7-1(9), becomes nonexistent, the commissioner of the Bureau of Finance and Management shall retain sufficient unexpended appropriation balance to pay all liabilities outstanding at the time the agency becomes nonexistent. At the end of one year, any unexpended balances shall lapse and cease to be available, and shall revert to the general fund if no other fund was designated.

Source: SL 1978, ch 39, § 2; SL 1982, ch 46.
S.D. Codified Laws § 4-6-24 — SD Code / Title 4 / Chapter 6 / Section 4-6-24
Failure of treasurer to perform duty as misdemeanor
Status: in_force

Any state treasurer who shall intentionally fail or refuse at any time to do or perform any act required of him by this chapter shall be guilty of a Class 2 misdemeanor.

Source: SL 1909, ch 229, § 3; SL 1911, ch 234, § 3; RC 1919, § 6874; SDC 1939, § 55.9916; SL 1980, ch 24, § 56.
S.D. Codified Laws § 4-10-2 — SD Code / Title 4 / Chapter 10 / Section 4-10-2
Legislative inspection of treasurer's records
Status: in_force

The state treasurer shall as often as required submit his books, accounts, vouchers, and funds in the treasury to the inspection of either branch of the Legislature or to any committee thereof appointed for that purpose.

Source: SL 18 62-3 , ch 52, § 9; PolC 1877, ch 8, § 9; CL 1887, § 92; RPolC 1903, § 94; RC 1919, § 5361; SDC 1939, § 55.1406.
S.D. Codified Laws § 4-9-12 — SD Code / Title 4 / Chapter 9 / Section 4-9-12
Treasurer not to purchase warrants at discount nor to receive fees
Status: in_force

The state treasurer shall in no case purchase or receive any warrant payable at the state treasury, or any audited account, at a less value than is expressed therein; nor shall he receive any fee or reward, aside from his annual salary, for transacting any business connected with the duties of his office.

Source: SL 18 62-3 , ch 52, § 10; PolC 1877, ch 8, § 10; CL 1887, § 93; RPolC 1903, § 95; RC 1919, § 5362; SDC 1939, § 55.1408.
S.D. Codified Laws § 4-7-32 — SD Code / Title 4 / Chapter 7 / Section 4-7-32
Transfer of unobligated cash to budget reserve fund--Legislative action required for reserve fund expenditures
Status: in_force

On July first of each fiscal year or at such time that the prior fiscal year general fund ending unobligated cash balance is determined, the commissioner of the Bureau of Finance and Management shall transfer all prior year unobligated cash up to an amount equal to ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year into the budget reserve fund. In no event shall the cash balance in the budget reserve fund be greater than ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year.

Expenditures out of the budget reserve fund shall only be by special appropriation of the Legislature and shall only redress such unforeseen expenditure obligations or such unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D. Const., Art. III, § 1.

Source: SL 1991, ch 41, §§ 2, 3; SL 1996, ch 33; SL 2002, ch 27, § 1.
S.D. Codified Laws § 4-7-25.4 — SD Code / Title 4 / Chapter 7 / Section 4-7-25.4
Fees for budgetary accounting services
Status: in_force

The fee schedule for the services shall be designed, to the extent practicable, to recover all costs incurred in the operation of the service agency. No charges shall be assessed for budgetary accounting services performed in relation to general fund accounts.

Source: SL 1980, ch 38, § 3.
S.D. Codified Laws § 4-5-57 — SD Code / Title 4 / Chapter 5 / Section 4-5-57
Indirect holdings in actively managed investment funds
Status: in_force

The provisions of §§ 4-5-48 to 4-5-60 , inclusive, do not apply to indirect holdings in actively managed investment funds. The State Investment Council shall submit letters to the managers of investment funds containing companies with scrutinized active business operations requesting the managers to consider removing such companies from the fund or to create a similar actively managed fund with indirect holdings that do not include the companies. If a manager creates a similar fund, the State Investment Council shall promptly replace all applicable investments with investments in the similar fund consistent with prudent investing standards.

Source: SL 2010, ch 27, § 10.
S.D. Codified Laws § 4-11-4 — SD Code / Title 4 / Chapter 11 / Section 4-11-4
Audit of municipal and county records--Frequency of examination--Federal guidelines--Annual report in lieu of audit
Status: in_force

The auditor - general shall cause audits as follows:

(1) Financial and compliance audits in accordance with generally accepted government auditing standards of each municipality and county in the state, shall be made at least once every two years;

(2) Municipalities with less than six hundred thousand dollars in annual revenue that are required to have an audit pursuant to federal regulations shall be audited in accordance with federal guidelines;

(3) Municipalities with less than six hundred thousand dollars in annual revenue that are not required to have an audit pursuant to federal regulations may submit an annual report in lieu of a formal audit. Municipalities may subtract the annual revenue received from any municipal enterprise or utility system except utility systems defined in § 9-40-1 from total annual revenue, if the municipal enterprise or utility is audited separately. This report shall be submitted to the auditor - general on forms prescribed by the Department of Legislative Audit.

The auditor - general may audit the books and records of any office or officer of any political subdivision if it is requested by the governing body or auditor - general finds that special reasons exist.

Source: SL 1943, ch 258, § 6; SL 1953, ch 293; SL 1955, ch 249; SDC Supp 1960, § 55.2906 (4); SL 1966, ch 165, § 6; SL 1973, ch 36, § 1; SL 1976, ch 53, § 1; SL 1977, ch 73, § 1; SL 1982, ch 47; SL 1982, ch 48; SL 1985, ch 34, § 3; SL 1989, ch 46; SL 1991, ch 42, § 1; SL 1995, ch 28, § 3; SL 1996, ch 35.
S.D. Codified Laws § 4-8A-16 — SD Code / Title 4 / Chapter 8A / Section 4-8A-16
Independent budget projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall
Status: in_force

The Bureau of Finance and Management and the Legislative Research Council shall prepare and submit, no later than July thirtieth of each year, independent projections that conform with the provisions of subdivisions 4-7-10 (2) and (5) to the Governor or the Governor's designee and the special committee. Notwithstanding the provisions of subdivisions 4-7-10 (2) and (5), the projections must contain information of the actual revenue for each of the two fiscal years last concluded and the estimated revenue of the current fiscal year.

If either of the estimates provided in this section project a budget shortfall in excess of two and one-half percent of the general fund appropriated budget in the current fiscal year, the Bureau of Finance and Management and the Legislative Research Council must propose measures to the Governor and the special committee for eliminating the shortfall. If either of the estimates provided in this section project a budget shortfall in the current or next fiscal year of five percent or greater of the general fund appropriated budget, the Governor must propose measures to eliminate the shortfall consistent with S.D. Const., Art. XII, § 7.

Source: SL 2014, ch 27, § 2; SL 2025, ch 33, § 10.
S.D. Codified Laws § 4-5-5 — SD Code / Title 4 / Chapter 5 / Section 4-5-5
Investment of political subdivision funds--Funds subject to provisions
Status: in_force

"Public funds" in §§ 4-5-6 to 4-5-11 , inclusive, shall include all general, special, and other funds, regardless of source or purpose, that may now or hereafter be owned, held, or administered by any political subdivision of this state, including counties, municipalities, townships, and school districts, or by any officer, commission, board, bureau, or agency of the political subdivision.

Source: SL 1945, ch 359, § 1; SDC Supp 1960, § 48.0507; SL 1961, ch 258, § 1; SL 1967, ch 237, § 1.
S.D. Codified Laws § 4-9-27 — SD Code / Title 4 / Chapter 9 / Section 4-9-27
Cancellation of replacement warrant or check if not presented in time
Status: in_force

Any replacement warrant or check issued under the provisions of § 4-9-24 remaining unpaid after the expiration of one hundred eighty days from the date of the issue is considered canceled and state warrants are subject to the provisions of §§ 4-9-19 and 4-9-20 .

Source: SL 1965, ch 243, § 1; SL 1970, ch 31, § 5; SL 1985, ch 33, § 6; SL 1988, ch 47, § 5.
S.D. Codified Laws § 4-2-17 — SD Code / Title 4 / Chapter 2 / Section 4-2-17
Timely audit
Status: in_force

For purposes of §§ 4-2-15 and 4-2-16 , an audit is timely if the audit report is submitted to the Department of Legislative Audit not later than eighteen months following the end of the entity's fiscal year. If the entity is performing a two-year audit, the audit is timely if the audit report is submitted to the department not later than eighteen months following the end of the entity's second fiscal year covered by the audit.

Source: SL 2018, ch 43, § 3, effective for audits of periods ending on or after June 30, 2018.
S.D. Codified Laws § 4-3-9 — SD Code / Title 4 / Chapter 3 / Section 4-3-9
Failure of state officer or employee to pay receipts into treasury as theft
Status: in_force

Any salaried state officer or employee who shall fail or refuse to pay into the state treasury any and all money, emoluments, fees, perquisites, or other property received by him for the performance of any duty or duties connected with his office or in any manner paid to him as such officer or employee by reason of his holding such office or employment as is provided in this chapter, and within the time provided therein is guilty of theft.

Source: SL 1901, ch 127, § 4; RPolC 1903, § 316; SL 1915, ch 276, § 2; RC 1919, § 6969; SDC 1939, § 55.9915; SL 1980, ch 24, § 51.
S.D. Codified Laws § 4-8-10 — SD Code / Title 4 / Chapter 8 / Section 4-8-10
Apportionment of interest from dedicated institutional funds
Status: in_force

The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3 , shall apportion the funds arising from interest, dividends, and other income on invested funds derived from the sale of public lands apportioned to the educational, penal, and charitable institutions of the state, or from leases on such lands.

Source: SDC 1939, § 55.2208; SL 1983, ch 29, § 4; SL 2001, ch 26, § 3.
S.D. Codified Laws § 4-7-10.1 — SD Code / Title 4 / Chapter 7 / Section 4-7-10.1
Salaries of specified officials included in budget
Status: in_force

The budget report of the Governor shall contain a separate schedule disclosing the current salaries of elected officials, gubernatorial cabinet members, higher education commissioners and institution heads, executive branch institution heads, public utilities executive director, and unified judicial system administrator.

Source: SL 1963, ch 353, § 6 as added by SL 1969, ch 218, § 1; SL 1973, ch 34, § 1; SL 1981, ch 30, § 1; SL 1989, ch 20, § 48.
S.D. Codified Laws § 4-7-20 — SD Code / Title 4 / Chapter 7 / Section 4-7-20
Operational improvements and economies--Automatic data processing systems
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop plans for improvements and economies in organization and operation of state agencies and install such plans as are approved by the Legislature. Such installations shall include improved methods through the most efficient use of automatic data processing systems, which may provide for warrant preparation, and other obligation and transaction documents deemed suitable for application on such automatic data processing systems.

Source: SL 1963, ch 353, § 4 (3); SL 1966, ch 170, § 2.
S.D. Codified Laws § 4-7-7.2 — SD Code / Title 4 / Chapter 7 / Section 4-7-7.2
Informational budgets required
Status: in_force

All budget units not receiving general fund appropriations shall submit informational budgets which shall detail the condition of each and every fund under its control, the nature and extent of all investments of such funds, all receipts and expenditures of all such funds for each of the past two fiscal years and for the next preceding fiscal year, and which shall otherwise comply with all provisions of this chapter to the extent applicable.

Source: SDCL, § 4-7-10 (8) as added by SL 1969, ch 217, § 3.
S.D. Codified Laws § 4-6A-10 — SD Code / Title 4 / Chapter 6A / Section 4-6A-10
Payment to public officers after loss determined--Procedures
Status: in_force

When the Public Deposit Protection Commission determines that a loss has occurred, the commission shall, as soon as possible, make payment to the proper public officers of all funds subject to such loss, pursuant to the procedures set forth in §§ 4-6A-11 to 4-6A-15 , inclusive.

Source: SL 1974, ch 39, § 9.
S.D. Codified Laws § 4-7-10.4 — SD Code / Title 4 / Chapter 7 / Section 4-7-10.4
Budgeting and appropriations for compensation and expenses of members of state boards and councils and management, policy making or advisory bodies
Status: in_force

The budget report of the Governor for each odd - numbered fiscal year shall contain a separate schedule disclosing the current salaries or per diem compensation and allowable expense reimbursement for appointed members of all boards, commissions, councils, committees, and all other statutory or executive created management, policy making, or advisory bodies of the executive branch of state government, whether appointed by the Governor or not, and the recommendations for each of the next two fiscal years. The appropriations committees of the Legislature shall review the recommendations and include in a separate section of the general appropriations act the salary or per diem compensation and allowable expense reimbursement for each such body, based upon whether it be a management, policy making, or advisory body, and which shall constitute the salaries or per diem compensation and allowable expense reimbursement increases for members of such bodies for the next two succeeding fiscal years.

Source: SDCL, § 4-7-10 as added by SL 1971, ch 23, § 1; SL 1988, ch 45, § 1; SL 2002, ch 18, § 3.
S.D. Codified Laws § 4-5-42 — SD Code / Title 4 / Chapter 5 / Section 4-5-42
Prudent investment defined--Liability
Status: in_force

The state investment officer and the State Investment Council is entitled to conclusively rely, without any duty or obligation for further inquiry, diligence, or investigation, upon the certification of the Health and Educational Facilities Authority as described in § 4-5-41 and written evidence that the Governor has not disapproved the investment as described in § 4-5-40 . Any agreement or other arrangement entered into by the State Investment Council and state investment officer pursuant to §§ 4-5-40 to 4-5-44 shall be deemed a prudent investment in full compliance with the requirements of the Constitution and all statutes and applicable common law, including, without limitation, §§ 4-5-27 and 4-5-29 . No personal liability adheres to the state investment officer or the State Investment Council by reason of the agreement or arrangement.

Source: SL 1998, ch 24, § 3.
S.D. Codified Laws § 4-8-4 — SD Code / Title 4 / Chapter 8 / Section 4-8-4
Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor
Status: in_force

When the Legislature passes any law directing any officer, board, or commission to do anything which might legitimately come under his or its jurisdiction and control which requires the expenditure of money and which Legislature fails to provide the necessary funds therefor by appropriation or otherwise, it shall not be competent for such officer, board, or commission to use any other funds under his or its control appropriated for a specific purpose by which such fund shall be depleted, nor shall any funds appropriated by the Legislature for a specific purpose be used for any purpose other than that for which it was appropriated. A violation of this section is a Class 2 misdemeanor.

Source: SL 1923, ch 245; SDC 1939, § 55.2201; SL 1980, ch 24, § 58.
S.D. Codified Laws § 4-8A-5 — SD Code / Title 4 / Chapter 8A / Section 4-8A-5
Classification and coding of general appropriation amounts
Status: in_force

The appropriations authorized by the general appropriation bill must be classified and coded for budgetary accounting purposes in accordance with the provisions of chapter 4-7 .

Source: SL 1974, ch 44, § 8; SL 2025, ch 33, § 3.
S.D. Codified Laws § 4-8A-10 — SD Code / Title 4 / Chapter 8A / Section 4-8A-10
Contingency fund request--Notice to committee members
Status: in_force

Whenever the Governor deems it necessary for the special committee to consider, pass upon, and release general contingency funds for emergency purposes or as supplements to the budgets for the ordinary expenses of agencies, the Governor shall give due and reasonable notice to the members of the special committee.

Source: SL 1974, ch 44, § 5; SL 2025, ch 33, § 7.
S.D. Codified Laws § 4-3-10 — SD Code / Title 4 / Chapter 3 / Section 4-3-10
False statement or other violation by state officer or employee receiving public funds as misdemeanor
Status: in_force

Any officer or employee failing to make and file the statement required in this chapter, or who shall make and file a false statement, or who shall violate any of the other provisions of this chapter shall be guilty of a Class 2 misdemeanor.

Source: SL 1901, ch 127, § 4; RPolC 1903, § 316; SL 1915, ch 276, § 2; RC 1919, § 6969; SDC 1939, § 55.9915; SL 1980, ch 24, § 52.
S.D. Codified Laws § 4-2-6 — SD Code / Title 4 / Chapter 2 / Section 4-2-6
Employment of personnel for department--Traveling expenses
Status: in_force

The auditor - general shall appoint one or more persons qualified by special training and experience, as assistants and may employ such other examiners, auditors, and clerks as may be necessary to do the work of the Department of Legislative Audit, within the limits of existing appropriations, at salaries fixed by the auditor - general within policy guidelines established by the Executive Board of the Legislative Research Council. The auditor - general, his assistants, and employees shall receive their traveling expenses incurred in the performance of their official duties at state rates established by the Board of Finance.

Source: SL 1943, ch 258, § 3; SDC Supp 1960, § 55.2903; SL 1966, ch 165, § 2; SL 1981, ch 26.
S.D. Codified Laws § 4-7-49 — SD Code / Title 4 / Chapter 7 / Section 4-7-49
Long-term financial plan
Status: in_force

The Bureau of Finance and Management shall issue a long-term financial plan outlining actual general fund revenues and expenses for the most recently completed fiscal year as well as general fund forecasts for the current fiscal year, the next fiscal year, and the succeeding two fiscal years.

Source: SL 2015, ch 40, § 4.
S.D. Codified Laws § 4-3-25 — SD Code / Title 4 / Chapter 3 / Section 4-3-25
Increase of public debt not authorized
Status: in_force

Sections 4-3-21 to 4-3-24 , inclusive, shall not be so construed as to in any way authorize the increase of the public debt.

Source: SL 1895, ch 91, § 2; SL 1895, ch 92, § 1; SL 1895, ch 93, § 1; RPolC 1903, § 2248; SL 1909, ch 120; RC 1919, § 6971; SL 1921, ch 397; SDC 1939, § 55.2504.
S.D. Codified Laws § 4-7-28 — SD Code / Title 4 / Chapter 7 / Section 4-7-28
Salaries established by agencies controlled by Governor--Approval of Governor required
Status: in_force

Notwithstanding any other provision of the law, salaries set by persons or bodies in agencies under the control of the Governor shall be approved by the Governor prior to becoming effective.

Source: SL 1981, ch 30, § 2.
S.D. Codified Laws § 4-5-17 — SD Code / Title 4 / Chapter 5 / Section 4-5-17
Election of chairman
Status: in_force

The chairman and presiding officer of the State Investment Council shall be elected by majority vote of the council.

Source: SL 1971, ch 27, § 6.
S.D. Codified Laws § 4-5-14 — SD Code / Title 4 / Chapter 5 / Section 4-5-14
Council members—Qualifications--Restrictions
Status: in_force

The members of the State Investment Council shall be qualified by training and experience in the field of investment or finance. During tenure as a member of the State Investment Council, no member of the council nor the firm of any member may engage in the sale of marketable or public securities to the state, or to any fund thereof, which are invested by the State Investment Council. No member may benefit directly or indirectly from any transaction made by the state investment officer. No member may hold any office, position, or employment in any political party. Except as provided in § 4-5-14.1 , the council may not enter into any contract or transaction with any firm or business in which a council member serves as a principal, shareholder, trustee, director, officer, employee, agent, or independent contractor.

Source: SL 1971, ch 27, § 4; SL 2003, ch 28, § 1; SL 2020, ch 20, § 1.
S.D. Codified Laws § 4-8A-6 — SD Code / Title 4 / Chapter 8A / Section 4-8A-6
Use of general appropriation amounts for specific purposes only--Auditor to issue warrants
Status: in_force

All appropriations in the general appropriation bill may be used only for the specific purposes therein provided and no other. The state auditor shall issue warrants on itemized and approved vouchers filed in his office, but no warrants may be issued to or on behalf of any person or agency, on any fund in excess of the appropriation specifically made in the general appropriation bill, except as provided by the provisions of this chapter, a special appropriation bill, an internal service fund created by the Legislature, or a continuous appropriation created by the Legislature.

Source: SL 1974, ch 44, § 9; SL 2025, ch 33, § 4.
S.D. Codified Laws § 4-5-53 — SD Code / Title 4 / Chapter 5 / Section 4-5-53
Divestiture of securities in companies with scrutinized business operations
Status: in_force

If, after ninety days following the State Investment Council's first engagement with a company pursuant to § 4-5-52 , the company continues to have scrutinized business operations, and only while the company continues to have scrutinized business operations, the State Investment Council shall sell, redeem, divest, or withdraw all publicly traded securities of the company, according to the following schedule:

(1) At least fifty percent of the holdings in the company shall be removed from the State Investment Council's assets under management by nine months after the company's initial appearance on the scrutinized companies list; and

(2) One hundred percent of the holdings in the company shall be removed from the State Investment Council's assets under management within fifteen months after the company's initial appearance on the scrutinized companies list.

If a company that ceased scrutinized business operations following engagement pursuant to § 4-5-52 , resumes such operations, §§ 4-5-48 to 4-5-60 , inclusive, immediately applies to the company and the State Investment Council shall send a written notice to the company. The company shall also be immediately reintroduced onto the scrutinized companies list.

Source: SL 2010, ch 27, § 6.
S.D. Codified Laws § 4-3-4.1 — SD Code / Title 4 / Chapter 3 / Section 4-3-4.1
Uncollectible accounts--Removal from records--Evidence retained
Status: in_force

Upon request by any state department or agency, the Board of Finance may determine that an account is uncollectible and shall by formal action direct that the uncollectible amount be removed from the records and disclosed on the next annual report provided that the account is at least two years delinquent and that reasonable collection efforts have failed. Evidence of the debt removed from the records by such formal action of the board shall be retained by the department or agency to support possible subsequent collection of such debt.

Source: SL 1975, ch 41.
S.D. Codified Laws § 4-3-18 — SD Code / Title 4 / Chapter 3 / Section 4-3-18
Remittance of federal payments to counties--Distribution to taxing subdivisions
Status: in_force

Upon the receipt of any of the funds referred to in § 4-3-17 the state treasurer shall remit the same to the county treasurer of the county wherein is situated the land on behalf of which such payment is made, and the county treasurer shall then distribute such funds to the credit of the taxing subdivision or subdivisions of the county in the same proportion as the tax upon such lands would be distributed under the laws of this state for the current year in which such payment or payments are made.

Source: SL 1937, ch 247, § 2; SDC 1939, §§ 55.1402, 57.1013.
S.D. Codified Laws § 4-6A-17 — SD Code / Title 4 / Chapter 6A / Section 4-6A-17
Fixing date of loss
Status: in_force

The Public Deposit Protection Commission may fix the official date on which any loss is considered to have occurred for purposes of this chapter taking into consideration the orders, rules, and regulations of supervisory authority as they affect the failure or inability of a qualified public depository to repay public deposits in full.

Source: SL 1974, ch 39, § 5 (4); SL 1982, ch 45, § 1H; SL 1986, ch 44, § 11; SL 1986, ch 45, § 9; SL 1987, ch 45, § 9.
S.D. Codified Laws § 4-5-21 — SD Code / Title 4 / Chapter 5 / Section 4-5-21
State employees' blanket bond coverage--Premium
Status: in_force

Before the state investment officer, or other responsible employee of the Division of Investment shall enter upon his duties, he shall be included under the state employees' blanket bond, for an amount and for coverage as deemed best to protect the state's interest. The premium thereon shall not be chargeable to the officer or employee.

Source: SL 1971, ch 27, § 11.
S.D. Codified Laws § 4-11-7.1 — SD Code / Title 4 / Chapter 11 / Section 4-11-7.1
School district audit by private auditing firm
Status: in_force

A school district shall have financial and compliance audits performed at least every two years. The audits shall be performed in accordance with generally accepted government auditing standards. The audits may be done by the Department of Legislative Audit or by a private auditing firm authorized by law to audit the financial records of school districts.

Source: SL 1995, ch 28, § 1.
S.D. Codified Laws § 4-7-4 — SD Code / Title 4 / Chapter 7 / Section 4-7-4
Qualifications of commissioner--Salary
Status: in_force

No person shall be eligible for appointment as commissioner of finance and management who does not hold a baccalaureate degree from a recognized institution of higher education. The appointment of the commissioner shall be based upon the qualifications of eligible persons, without reference to partisan politics. The annual salary of the commissioner shall be fixed by the Governor, but shall not be reduced by the Governor with respect to any commissioner during the latter's term of office.

Source: SL 1963, ch 353, § 3; SL 1971, ch 22, § 2.
S.D. Codified Laws § 4-2-4 — SD Code / Title 4 / Chapter 2 / Section 4-2-4
Salary of auditor-general
Status: in_force

The auditor - general's salary shall be set by the Executive Board of the Legislative Research Council.

Source: SL 1943, ch 258, § 2; SL 1951, ch 298; SL 1955, ch 224; SL 1957, ch 262; SL 1959, ch 312; SDC Supp 1960, § 55.2902; SL 1961, ch 260; SL 1966, ch 165, § 1; SL 1968, ch 205, § 1.
S.D. Codified Laws § 4-5-25 — SD Code / Title 4 / Chapter 5 / Section 4-5-25
Monthly reports to investment officer of state transactions
Status: in_force

It shall be the duty of the state treasurer and the state auditor to report monthly, or more often as determined by the state investment officer, to the state investment officer as to receipts, expenditures, and warrants paid, so that the state investment officer may be informed as to what moneys will be available for the purposes of §§ 4-5-12 to 4-5-39 , inclusive.

Source: SL 1971, ch 27, § 22.
S.D. Codified Laws § 4-2-15 — SD Code / Title 4 / Chapter 2 / Section 4-2-15
Publication of notice of certain entities' failure to submit timely audit report
Status: in_force

The Department of Legislative Audit shall cause to be published in a legal newspaper designated as the official newspaper of the entity in this section and on the website maintained by the department, notice of the failure to submit a timely audit report to the department by a school district under § 4-11-7.1 , municipality under § 4-11-4 , hospital district board under § 34-10-29 , waste management district under § 34A-16-31 , water development district under § 46A-3D-4 , water user district under § 46A-9-68 , or consumer power district under § 49-38-2 . If an entity has not designated an official newspaper, notice shall be published in a legal newspaper designated as the official newspaper of each municipality or county in which the entity is located. The cost of publication under this section shall be paid by the entity.

Source: SL 2018, ch 43, § 1, effective for audits of periods ending on or after June 30, 2018.
S.D. Codified Laws § 4-3-20 — SD Code / Title 4 / Chapter 3 / Section 4-3-20
Other violations as misdemeanors
Status: in_force

Every public officer or person who otherwise, or in cases other than those specified in § 4-3-19 , intentionally disobeys any provision of law regulating his official conduct, and for which no other punishment is specifically provided, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 498; CL 1887, § 6699; RPenC 1903, § 520; RC 1919, § 3815; SDC 1939, § 13.1306; SL 1980, ch 24, § 54.
S.D. Codified Laws § 4-3-19 — SD Code / Title 4 / Chapter 3 / Section 4-3-19
Misappropriation or refusal to pay over state funds received as theft
Status: in_force

Every public officer, and every deputy or clerk of any such officer, and every other person receiving any moneys on behalf of or on account of this state, or of any bureau or fund created by law, and in which this state or the people thereof are directly or indirectly interested, who:

(1) Appropriates to his own use or to the use of any person not entitled thereto without authority of law, any money received by him as such officer, clerk, or deputy, or otherwise, on behalf of this state, or the people thereof, or in which they are interested;

(2) Intentionally omits or refuses to pay over to this state or its officer or agent authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same;

Source: PenC 1877, § 497; CL 1887, § 6698; SL 1897, ch 105, § 1; RPenC 1903, § 519; RC 1919, § 3814; SDC 1939, § 13.1306; SL 1976, ch 158, § 11-25; SL 1980, ch 24, § 53.
S.D. Codified Laws § 4-5-56 — SD Code / Title 4 / Chapter 5 / Section 4-5-56
Inapplicability to certain investments
Status: in_force

The provisions of §§ 4-5-48 to 4-5-60 , inclusive, do not apply to any of the following:

(1) Investments in a company that is primarily engaged in supplying goods or services intended to relieve human suffering in Iran;

(2) Investments in a company that is primarily engaged in promoting health, education, or journalistic, religious, or welfare activities in Iran; and

(3) Investments in a United States company that is authorized by the federal government to have active business operations in Iran.

Source: SL 2010, ch 27, § 9.
S.D. Codified Laws § 4-7-41 — SD Code / Title 4 / Chapter 7 / Section 4-7-41
Condition statement defined--Condition statement forms
Status: in_force

For the purposes of this chapter, a condition statement is a document that identifies a fund's beginning balance, receipts, disbursements, and ending balance for each of the last two concluded fiscal years and that identifies a fund's beginning balance, projected receipts, projected disbursements, and ending balance for the current fiscal year and the next fiscal year. The fund's ending balance, for the current fiscal year and the next fiscal year, shall represent the ending cash balance of the fund reduced by any money that is reappropriated to the next fiscal year along with any other commitments to be funded from the ending cash balance. Condition statement forms, prescribed by the Bureau of Finance and Management, shall be uniform.

Source: SL 2005, ch 38, § 2.
S.D. Codified Laws § 4-9-25 — SD Code / Title 4 / Chapter 9 / Section 4-9-25
State and political subdivisions relieved from liability on issuance of replacement warrant or check
Status: in_force

If a replacement warrant or check is issued under the provisions of § 4-9-24 , the original warrant or check is considered canceled, and the state or its political subdivisions are relieved from any liability for the payment thereof. In no case is either the state or its political subdivisions liable for any damages accruing under the provisions of §§ 4-9-21 to 4-9-27 , inclusive.

Source: SL 1965, ch 243, § 1; SL 1985, ch 33, § 5.
S.D. Codified Laws § 4-3-2 — SD Code / Title 4 / Chapter 3 / Section 4-3-2
Salaried officers to pay fees into treasury
Status: in_force

No county or state officer for whose services a salary is provided by law shall receive any compensation for his services other than such salary. All fees received by him shall be paid into the county or state treasury, as the case may be, not later than the time set by § 7-9-17 . This section shall not be so construed as to affect in any manner any officer who receives no salary other than the fees paid for his services.

Source: SL 1891, ch 65, § 1; SL 1893, ch 86, § 1; RPolC 1903, § 1862; RC 1919, § 7063; SDC 1939, § 48.0608; SL 1975, ch 43, § 2.
S.D. Codified Laws § 4-5-43 — SD Code / Title 4 / Chapter 5 / Section 4-5-43
Obligation to purchase--Enforceability
Status: in_force

The obligation of the State Investment Council to purchase any general obligation funding bonds pursuant to any agreement or arrangement described in § 4-5-40 is not enforceable to the extent that the principal amount of such general obligation funding bonds would cause an eligible participating school district to be in violation of the limitations on indebtedness of school districts provided for in Article XIII, § 4 of the Constitution.

Source: SL 1998, ch 24, § 4.
S.D. Codified Laws § 4-10-1 — SD Code / Title 4 / Chapter 10 / Section 4-10-1
State treasurer's accounts of receipts and disbursements
Status: in_force

The state treasurer shall keep an accurate account of the receipts and disbursements of the treasury.

Source: SL 18 62-3 , ch 52, § 4; PolC 1877, ch 8, § 3; CL 1887, § 86; RPolC 1903, § 87; RC 1919, § 5354; SDC 1939, § 55.1403; SL 1984, ch 30, § 73.
S.D. Codified Laws § 4-10-10 — SD Code / Title 4 / Chapter 10 / Section 4-10-10
State fiscal year
Status: in_force

The fiscal year for the state shall commence on the first day of July and end on the thirtieth day of June in each year.

Source: SL 1891, ch 70, § 1; RPolC 1903, § 309; RC 1919, § 6958; SDC 1939, § 55.2010; SL 1971, ch 24.
S.D. Codified Laws § 4-3-28 — SD Code / Title 4 / Chapter 3 / Section 4-3-28
State and political subdivisions permitted to accept credit or debit cards or electronic payments--Fee--Promulgation of rules
Status: in_force

Notwithstanding any other provision of law, the state and its political subdivisions may accept a credit card, a debit card, or an electronic payment as payment for a transaction. The state and its political subdivisions may assess and collect a fee in an amount sufficient to cover any processing fee associated with a credit card, debit card, or electronic transaction. The Bureau of Finance and Management shall promulgate rules pursuant to chapter 1-26 relating to the establishment and collection of a processing fee associated with a credit card or debit card transaction. The governing body of each political subdivision may, by resolution, establish and collect a processing fee associated with a credit card, debit card, or electronic transaction.

Source: SL 2001, ch 22, § 2; SL 2007, ch 26, § 2.
S.D. Codified Laws § 4-7-19 — SD Code / Title 4 / Chapter 7 / Section 4-7-19
Long-term capital improvements budget
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop a long - term capital improvements budget for consideration by the Legislature.

Source: SL 1963, ch 353, § 4 (4).
S.D. Codified Laws § 4-9-15 — SD Code / Title 4 / Chapter 9 / Section 4-9-15
Interest on warrants not paid for want of funds
Status: in_force

All state warrants shall draw interest after presentation for payment at the office of the state treasurer and endorsement by that officer as "not paid for want of funds," at a rate to be negotiated by the parties.

Source: RPolC 1903, § 2247; SL 1909, ch 120; RC 1919, § 6970; SDC 1939, § 55.2503; SL 1983, ch 28, § 2.
S.D. Codified Laws § 4-5-58 — SD Code / Title 4 / Chapter 5 / Section 4-5-58
Report to Legislative Research Council Executive Board
Status: in_force

By January fifteenth of each calendar year, the State Investment Council shall submit a report to the Executive Board of the Legislative Research Council. The report shall include:

(1) A copy of the most recent list of scrutinized companies;

(2) A summary of correspondence with companies engaged by the State Investment Council pursuant to § 4-5-52 ;

(3) A list of all investments sold, redeemed, divested, or withdrawn in compliance with § 4-5-53 ;

(4) A list of all prohibited investments pursuant to § 4-5-54 ; and

(5) A description of any progress made pursuant to § 4-5-57 .

Source: SL 2010, ch 27, § 11.
S.D. Codified Laws § 4-6A-19 — SD Code / Title 4 / Chapter 6A / Section 4-6A-19
Subrogation of commission to depositors' claims--Apportionment of amounts recovered--Refund of assessments--Expenses of liquidation
Status: in_force

Upon payment to any public depositor, the public deposit protection commission is subrogated to all of such depositor's right, title and interest against the qualified public depository in which the loss occurred. If the commission incurs expense in enforcing any such claim, the amount shall be paid as a liquidation expense of the depository in which the loss occurred.

Source: SL 1974, ch 39, § 10; SL 1986, ch 44, § 19.
S.D. Codified Laws § 4-5-3 — SD Code / Title 4 / Chapter 5 / Section 4-5-3
Purposes for which institution incidental funds may be used
Status: in_force

Such permanent incidental fund shall be kept and used by the proper officer of the respective institutions, for the advanced payment of freight, express, periodicals, books, postage, gate money, all United States postal supplies and refund of tuition and student fees, utility bills, farm produce purchased on the open market, compensation and wages of emergency or temporary help in any amount, and such other minor bills and incidental expenses which are not in excess of fifty dollars each as shall require immediate payment, pending the issuance of the state auditor's warrant upon the state treasurer therefor, and for no other purpose whatsoever.

Source: SL 1953, ch 315; SL 1955, ch 257; SDC Supp 1960, § 55.2205-1; SL 1965, ch 242, § 1; SL 1977, ch 38; SL 1980, ch 37.
S.D. Codified Laws § 4-3-24 — SD Code / Title 4 / Chapter 3 / Section 4-3-24
Interest payments on revenue anticipation warrants
Status: in_force

The state treasurer is authorized and directed to pay the interest due from time to time upon state revenue warrants out of the fund created for the payment of the annual interest upon the public debt, and to charge the items of interest so paid to such fund.

Source: SL 1893, ch 134, § 1; RPolC 1903, § 2249; RC 1919, § 6972; SDC 1939, § 55.2504.
S.D. Codified Laws § 4-8-13 — SD Code / Title 4 / Chapter 8 / Section 4-8-13
Expenditure of anticipated institutional fund income
Status: in_force

Anticipated receipts from all such local and endowment sources for educational, penal, and charitable institutions shall be expended from the state treasury pursuant to chapters 4-7 , 4-8 , and 4-8A .

Source: SDC 1939, § 55.2208 as added by SL 1963, ch 310; SL 1983, ch 29, § 7.
S.D. Codified Laws § 4-5-52 — SD Code / Title 4 / Chapter 5 / Section 4-5-52
Procedures with respect to companies on scrutinized companies list
Status: in_force

The State Investment Council shall use the following procedures with respect to companies on the scrutinized companies list:

(1) For each company newly identified with scrutinized business operations, the State Investment Council shall, within ninety days following its assembly of the scrutinized companies list, send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the State Investment Council. The notice shall offer the company the opportunity to clarify its scrutinized business operations and shall encourage the company to cease, within ninety days of the date of the notice, its scrutinized business operations, or to convert them to inactive business operations in order to avoid divestment by the State Investment Council; and

(2) If, within ninety days following the State Investment Council's first engagement with a company, that company publicly announces its commitment to substantial action specific to Iran, that company shall be removed from the scrutinized companies list and the provisions of §§ 4-5-48 to 4-5-60 , inclusive, cease to apply to it unless it resumes active business operations in Iran.

Source: SL 2010, ch 27, § 5.
S.D. Codified Laws § 4-10-6 — SD Code / Title 4 / Chapter 10 / Section 4-10-6
Budgetary accounting report access to state auditor--System review and recommendations
Status: in_force

The Bureau of Finance and Management shall provide to the state auditor, in a timely manner upon request, electronic access to all budgetary accounting reports that the state auditor considers necessary to carry out the financial functions of the auditor's office. The state auditor shall review the budgetary accounting system and may make recommendations for changes in the system to the Governor.

Source: SL 1862-3, ch 53, § 8; PolC 1877, ch 7, § 6; CL 1887, § 73; RPolC 1903, § 75; SL 1917, ch 347; RC 1919, § 5344; SDC 1939, § 55.1307; SL 1963, ch 304; SL 1967, ch 251; SL 1984, ch 30, § 76; SL 2026, ch 3, § 14.
S.D. Codified Laws § 4-5-20 — SD Code / Title 4 / Chapter 5 / Section 4-5-20
Investment officer to devote full time--Salary
Status: in_force

The state investment officer shall devote his entire time and attention to the duties of his office, shall not be engaged in any other occupation or profession, nor shall he hold any other public office, appointive or elective. The salary of the state investment officer shall be set by the Executive Board of the Legislative Research Council.

Source: SL 1971, ch 27, § 9.
S.D. Codified Laws § 4-11-5 — SD Code / Title 4 / Chapter 11 / Section 4-11-5
Special audit of local accounts on request by governing body or taxpayers--Cost of examination
Status: in_force

The auditor - general is also authorized to make examinations of the books and accounts of the offices of all municipalities, townships, and school districts when called upon by the governing board of any such taxing district, or upon request by petition when signed by twenty percent of the resident taxpayers of such taxing district, as shown by the assessment roll of the preceding year, and payment of the cost of same shall be made by such subdivision upon bill rendered.

Source: SL 1943, ch 258, § 6; SL 1953, ch 293; SDC Supp 1960, § 55.2906 (5); SL 1966, ch 165, § 7.
S.D. Codified Laws § 4-3-27 — SD Code / Title 4 / Chapter 3 / Section 4-3-27
Credit card or electronic payment for purchases or transactions--Establishment of policies
Status: in_force

Notwithstanding any other provision of law, local government officials and employees may be permitted to use a credit card or electronic payment for the purchase of materials, supplies, equipment, or other authorized transactions for the benefit of the local government entity. Before authorizing the use of a credit card or electronic payment, the governing body shall, by resolution, establish policies providing for the use and accountability of credit card purchases or electronic transactions.

Source: SL 2001, ch 22, § 1; SL 2007, ch 26, § 1; SL 2014, ch 26, § 1.
S.D. Codified Laws § 4-5-32 — SD Code / Title 4 / Chapter 5 / Section 4-5-32
Monthly report to investment council--Contents--Public inspection
Status: in_force

Not later than fifteen days after the close of each month, the state investment officer shall submit to the State Investment Council a report of the operations of the Division of Investments during the month. Each report shall include a detailed summary of investment, reinvestment, purchase, sale, and exchange transactions, setting forth, among other things, the investments bought, sold, and exchanged, the dates thereof, the prices paid and obtained, the names of the brokers involved, and a statement of the funds or accounts referred to herein. The reports shall be open for inspection to the public.

Source: SL 1971, ch 27, § 24.
S.D. Codified Laws § 4-11-6 — SD Code / Title 4 / Chapter 11 / Section 4-11-6
Accounting manual for counties, municipalities, school districts, and their agencies
Status: in_force

The Department of Legislative Audit shall prepare and distribute an accounting manual for counties, municipalities, school districts, and their agencies and update such manual periodically.

Source: SL 1943, ch 258, § 6; SL 1953, ch 293; SDC Supp 1960, § 55.2906 (6); SL 1970, ch 33; SL 1971, ch 25; SL 1991, ch 44; SL 2011, ch 28, § 1.
S.D. Codified Laws § 4-7-31 — SD Code / Title 4 / Chapter 7 / Section 4-7-31
Budget reserve fund established
Status: in_force

There is hereby established within the state treasury the budget reserve fund.

Source: SL 1991, ch 41, § 1.
S.D. Codified Laws § 4-8-21 — SD Code / Title 4 / Chapter 8 / Section 4-8-21
Reversion of unencumbered special appropriations after four years--Period of availability of encumbered amounts
Status: in_force

At the end of four full fiscal years following the effective date of any special appropriations act, unless such act explicitly states to the contrary, the amount of the appropriation remaining unexpended and which has not been contractually obligated in writing, and approved by the commissioner of finance and management prior to the end of the fiscal year, shall lapse and cease to be available, and revert to the fund from which appropriated. Such encumbered amounts shall be only available for such expenditure for a period of not to exceed two additional fiscal years as determined by the commissioner of finance and management.

Source: SL 1963, ch 353, § 12 (4); SL 1979, ch 32, § 2.
S.D. Codified Laws § 4-6A-2 — SD Code / Title 4 / Chapter 6A / Section 4-6A-2
Public deposit protection commission established--Function
Status: in_force

The South Dakota Public Deposit Protection Commission shall be the state treasurer and the director of the Division of Banking, and shall supervise insuring of all public funds.

Source: SL 1974, ch 39, § 4; SL 1991, ch 391, § 15.
S.D. Codified Laws § 4-5-29.2 — SD Code / Title 4 / Chapter 5 / Section 4-5-29.2
Education enhancement trust fund--Calculation of amount eligible for distribution--Transfer to general fund--Postsecondary scholarship grant programs
Status: in_force

Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30 . The state investment officer shall calculate an amount equal to four percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2008, the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year. For fiscal year 2017, the portion of the transfer to the general fund for the postsecondary scholarship grant programs shall be $126,707.35. Beginning in fiscal year 2018, the portion of the transfer to the general fund for the postsecondary scholarship grant programs, shall be calculated by the state investment officer based on the relative share of the contributions made to the postsecondary scholarship grant fund created pursuant to § 13-55A-14 to the most recently calculated total fair value of the education enhancement fund including the contribution. The calculation shall be updated monthly to reflect any additional contributions to the education enhancement trust fund and the portion of the transfer to the general fund for the postsecondary scholarship grant programs shall be based on the average of the monthly calculation as of December thirty-first, using the months available for the first forty-eight months and then the most recent forty-eight calendar months thereafter.

Source: SL 2002, ch 26, § 4; SL 2004, ch 62, § 2, eff. Mar. 3, 2004; SL 2006, ch 23, § 2, eff. Mar. 10, 2006; SL 2013, ch 91, § 11, eff. Mar. 20, 2013; SL 2013, ch 92, § 13, eff. Mar. 12, 2013; SL 2016, ch 101, § 2, eff. Mar. 22, 2016.
S.D. Codified Laws § 4-5-35 — SD Code / Title 4 / Chapter 5 / Section 4-5-35
Post-audit of investment transactions--Annual report of auditor-general
Status: in_force

The state auditor - general shall be responsible for conducting a continuous post - audit of the investment transactions of the state, and shall submit annually a special report on his findings to the State Investment Council and to the appropriate legislative committee.

Source: SL 1971, ch 27, § 25.
S.D. Codified Laws § 4-11-14 — SD Code / Title 4 / Chapter 11 / Section 4-11-14
Civil action to recover misappropriated funds disclosed by audit report
Status: in_force

If any report provided herein discloses malfeasance, misfeasance, or neglect of duty on the part of an employee or officer, upon receipt of a copy of such report it shall be the duty of the proper legal officer, and he is authorized and required to institute in the proper court, within sixty days from the receipt thereof, a civil action on behalf of the state or taxing district to which the right of action has accrued and promptly prosecute the same to final determination to recover any fees or public funds misappropriated, or to otherwise determine the rights of the parties in the premises. If the political subdivision has no legal officer assigned to it, it shall employ one at its expense, to act under the supervision of the attorney general.

Source: SL 1943, ch 258, § 9; SDC Supp 1960, § 55.2909.
S.D. Codified Laws § 4-6A-9 — SD Code / Title 4 / Chapter 6A / Section 4-6A-9
Public deposits protected by chapter
Status: in_force

All public deposits, including accrued interest thereon, in qualified public depositories shall be protected against loss, to the extent provided in this chapter.

Source: SL 1974, ch 39, § 3; SL 1982, ch 45, § 1E; SL 1986, ch 44, § 7; SL 1986, ch 45, § 6; SL 1987, ch 45, § 6.
S.D. Codified Laws § 4-6A-5 — SD Code / Title 4 / Chapter 6A / Section 4-6A-5
Income from collateral
Status: in_force

The income from the securities which have been segregated as collateral shall belong to the qualified public depository without restriction.

Source: SL 1974, ch 39, § 8; SL 1982, ch 45, § 1B; SL 1986, ch 44, § 4.
S.D. Codified Laws § 4-6A-21 — SD Code / Title 4 / Chapter 6A / Section 4-6A-21
Citation of chapter
Status: in_force

This chapter may be cited as the Public Deposit Insurance Act.

Source: SL 1974, ch 39, § 1.
S.D. Codified Laws § 4-7-7 — SD Code / Title 4 / Chapter 7 / Section 4-7-7
Annual budget estimates submitted by budget units--Contents and approval--Copies to Legislative Research Council
Status: in_force

The head of each budget unit, not later than October fifteenth of each year, shall submit, on forms prescribed by the Bureau of Finance and Management and in the manner deemed appropriate, such explanatory data as required and necessary to adequately convey the budget requests, to the Bureau of Finance and Management estimates of the financial requirements of his budget unit for the next fiscal year. The estimates so submitted shall first receive the approval of the board or commission of each budget unit for which a board or commission is constituted. Not later than the November first following such submission, copies of such explanatory data of the budget requests shall be transmitted to the Legislative Research Council by the Bureau of Finance and Management.

Source: SL 1963, ch 353, § 7; SL 1968, ch 209, § 2; SL 1975, ch 44, § 1.
S.D. Codified Laws § 4-11-4.1 — SD Code / Title 4 / Chapter 11 / Section 4-11-4.1
Internal control review for certain municipalities
Status: in_force

The auditor general shall cause an internal control review to be performed in municipalities with less than six hundred thousand dollars in revenue at least once every five years if:

(1) They are not required to have an entity - wide audit under § 4-11-4 ;

(2) They have revenues of one hundred thousand dollars or more in any one year; and

(3) They have not had an internal control review in the last five years.

The auditor general may cause an internal control review of any municipality with less than six hundred thousand dollars in revenue if it is requested by the governing body or he finds that special reason exists.

The auditor general shall develop the minimum procedures and reporting requirements for an internal control review. The governing body may require additional work to be performed as part of the internal control review contract.

The requirements for filing, publication and billing for services for an internal control review report shall be the same as that required for audits pursuant to chapter 4-11 .

Source: SL 1991, ch 43, § 1.
S.D. Codified Laws § 4-8-7 — SD Code / Title 4 / Chapter 8 / Section 4-8-7
Anticipation of appropriations in extreme emergency
Status: in_force

In case of extreme emergency caused by accident or some other cause wholly unavoidable or unforeseen by any officer, board, or commission supported by state appropriation, he or it may incur the necessary expense upon approval in writing by the Governor, which expense, thus incurred, shall be paid out of the existent appropriation made for the maintenance of such office, board, or commission for the succeeding year when available.

Source: SL 1909, ch 137, §§ 1, 2; SL 1918 (SS), ch 63; RC 1919, § 6891; SL 1923, ch 245; SDC 1939, § 55.2201.
S.D. Codified Laws § 4-6A-4 — SD Code / Title 4 / Chapter 6A / Section 4-6A-4
Valuation of collateral--Substitution of securities
Status: in_force

Securities eligible as collateral shall be valued at face value or market value, whichever is less. A qualified public depository may make substitutions of eligible collateral at any time and shall notify the public deposit protection commission of such change immediately.

Source: SL 1923, ch 281, § 1; SL 1925, ch 281, § 1; SL 1927, ch 196, § 1; SL 1933 (SS), ch 16, § 1; SDC 1939, § 55.2402; SL 1939, ch 208, § 2; SL 1941, ch 302; SDCL, § 4-6-11; SL 1974, ch 39, § 7; SL 1986, ch 44, § 3.
S.D. Codified Laws § 4-8-17.1 — SD Code / Title 4 / Chapter 8 / Section 4-8-17.1
Budget and appropriation required for expenditures by Department of Transportation and Aeronautics Commission
Status: in_force

Notwithstanding any other provision of law, taxes, fees, federal funds, and funds from any source that are received by the Department of Transportation and the Aeronautics Commission shall be expended only when budgeted pursuant to chapter 4-7 and appropriation has been made therefor pursuant to chapter 4-8 and § 31-2-14 .

Source: SL 1975, ch 190, § 1.
S.D. Codified Laws § 4-7-9 — SD Code / Title 4 / Chapter 7 / Section 4-7-9
Preparation and submission of budget report to Legislature
Status: in_force

The Governor, through the Bureau of Finance and Management, shall prepare and submit a budget report to the Legislature, and copies thereof shall be transmitted to each member of the Legislature, not later than the first Tuesday after the first Monday of December immediately preceding the session for consideration. The Governor may present such report to the Legislature in person.

Source: SL 1963, ch 353, §§ 5, 8 (2); SDCL § 4-7-11 ; SL 1968, ch 209, § 1; SL 1974, ch 40, § 3; SL 1975, ch 44, § 2; SL 1981, ch 29; SL 2015, ch 41, § 12.
S.D. Codified Laws § 4-3-23 — SD Code / Title 4 / Chapter 3 / Section 4-3-23
Application of revenue from anticipation warrants--Appropriation of collections to payment of warrants
Status: in_force

All money received from the negotiation of revenue warrants pursuant to § 4-3-21 shall be applied only to the payment of the necessary and actual current expenses of the state and outstanding registered state warrants. All money thereafter received or collected from or on account of such revenues assessed but not yet collected, or so much thereof as may be necessary, is set apart and appropriated to the payment of such warrants, if any, as may be issued in pursuance of the foregoing provisions; and the state treasurer is authorized and required to make payment of the same from funds so appropriated.

Source: SL 1895, ch 91, § 2; SL 1895, ch 92, § 1; SL 1895, ch 93, § 1; RPolC 1903, § 2248; SL 1909, ch 120; RC 1919, § 6971; SL 1921, ch 397; SDC 1939, § 55.2504.
S.D. Codified Laws § 4-5-11 — SD Code / Title 4 / Chapter 5 / Section 4-5-11
Supplemental authority for investment of public funds
Status: in_force

Sections 4-5-5 to 4-5-10 , inclusive, are supplemental to any other laws relating to the investment, deposit, or administration of the public funds therein specified, and shall supersede the provisions thereof only to the extent that such other laws may restrict or prohibit investments in accordance with the provisions thereof.

Source: SL 1945, ch 359, § 3; SDC Supp 1960, § 48.0507; SL 1961, ch 258, § 1; SL 1967, ch 237, § 1.
S.D. Codified Laws § 4-4-4.5 — SD Code / Title 4 / Chapter 4 / Section 4-4-4.5
Boiler inspection fund established--Permitted expenditures
Status: in_force

There shall be established within the state treasury the boiler inspection fund, into which shall be deposited all boiler inspection fees received by the Department of Public Safety. All moneys in the fund created by this section shall be budgeted and expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Public Safety. Expenditures from these funds may be made only to pay necessary expenses of purposes specified in chapter 34-29A .

Source: SL 1989, ch 48, § 5; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 4-5-33 — SD Code / Title 4 / Chapter 5 / Section 4-5-33
Meetings of investment council--Access to records--Inspection and review
Status: in_force

The State Investment Council shall meet at times as it shall deem necessary to carry out the provisions of §§ 4-5-12 to 4-5-39 , inclusive, but at least quarterly during the year, to consult with the state investment officer with respect to the work of the Division of Investment. It shall have access to all files and records of the division and may require any officer or employee therein to provide information as it may deem necessary in the performance of its functions. The State Investment Council shall inspect and review the respective funds and accounts administered through the division.

Source: SL 1971, ch 27, § 18.
S.D. Codified Laws § 4-7-18 — SD Code / Title 4 / Chapter 7 / Section 4-7-18
Coordination of procedures to carry out legislative policies
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall coordinate the fiscal affairs and procedures of the state to assure the carrying out of the financial plans and policies approved by the Legislature, including the administration of a system of expenditure control.

Source: SL 1963, ch 353, § 4 (2).
S.D. Codified Laws § 4-9-8 — SD Code / Title 4 / Chapter 9 / Section 4-9-8
Issuance of warrants by auditor--Requirements--Recording
Status: in_force

The state auditor shall issue warrants that:

(1) Are payable at the state treasury;

(2) Are numbered consecutively;

(3) Specify the date of the issue; and

(4) State the name of the person to whom the warrant is payable.

The number, date of issue, and payee name of each warrant must be entered upon a record and preserved by the auditor.

Source: SL 1862-3, ch 53, §§ 3, 4; PolC 1877, ch 7, § 2; CL 1887, § 69; RPolC 1903, § 71; RC 1919, § 5342; SDC 1939, § 55.1301; SL 1969, ch 208, § 1; SL 1993, ch 50, § 2; SL 2026, ch 3, § 12.
S.D. Codified Laws § 4-2-8 — SD Code / Title 4 / Chapter 2 / Section 4-2-8
Executive Board of Legislative Research Council to direct activities
Status: in_force

The Executive Board of the Legislative Research Council is empowered to act on behalf of the Legislature in directing the activities of the auditor-general.

Source: SL 1966, ch 165, § 17; SL 2025, ch 19, § 13.
S.D. Codified Laws § 4-9-19 — SD Code / Title 4 / Chapter 9 / Section 4-9-19
Period allowed for presentation of warrants to treasurer
Status: in_force

No warrant issued by the state auditor at any time before or after July 1, 1988, may be paid by the state treasurer unless such warrant shall be presented to the state treasurer within one hundred eighty days of the date on which the warrant was issued.

Source: SL 1941, ch 327, § 1; SL 1953, ch 291, § 1; SDC Supp 1960, § 55.2507; SL 1970, ch 31, § 3; SL 1988, ch 47, § 3.
S.D. Codified Laws § 4-9-11 — SD Code / Title 4 / Chapter 9 / Section 4-9-11
Payment of warrants by treasurer--Cancellation, recording, and registration
Status: in_force

The state treasurer shall pay warrants drawn by the state auditor in conformity with the provisions of this code, when there is money in the treasury appropriated for that purpose. After a warrant is paid he shall cause it to be indelibly canceled by perforating or stamping it with the word "paid." He shall keep a record of the number of the warrant, its date, amount, the name of the payee, the date of payment, the name of the person to whom paid, and the amount of interest, if any, paid thereon. If a warrant is presented to the state treasurer for payment and there are no funds in the treasury appropriated for that purpose, he shall cause the same to be registered as provided by this code.

Source: SL 18 62-3 , ch 52, §§ 5 to 7; PolC 1877, ch 8, §§ 5 to 7; CL 1887, §§ 88 to 90; RPolC 1903, §§ 88 to 90; RC 1919, §§ 5355 to 5357; SDC 1939, § 55.1404; SL 1951, ch 264; SL 1973, ch 35; SL 1993, ch 50, § 5.
S.D. Codified Laws § 4-4-4.6 — SD Code / Title 4 / Chapter 4 / Section 4-4-4.6
Transfer of excess funds at end of fiscal year
Status: in_force

At the end of the fiscal year the treasurer shall transfer any cash balance in excess of one hundred thousand dollars from the boiler inspection fund to the general fund.

Source: SL 1989, ch 48, § 6; SL 2021, ch 155, § 2.
S.D. Codified Laws § 4-10-3 — SD Code / Title 4 / Chapter 10 / Section 4-10-3
Accounts kept by state budgetary accounting system
Status: in_force

The state budgetary accounting system shall keep an accurate account for revenues received and payments made from the state treasury for the state treasurer and state auditor.

Source: SL 1891, ch 113, § 11; RPolC 1903, § 330; RC 1919, § 6943; SDC 1939, § 55.2315; SL 1984, ch 30, § 74.
S.D. Codified Laws § 4-9-14 — SD Code / Title 4 / Chapter 9 / Section 4-9-14
Registration and endorsement of warrants not paid for want of funds
Status: in_force

Whenever any warrant shall be presented to any such treasurer for payment and there shall be no funds in the treasury appropriated for that purpose, the treasurer shall enter such warrant in his warrant register for payment, in the order of presentation; and upon each warrant so registered, he shall endorse the registry number, date of registration and the words "not paid for want of funds," and sign such endorsement; provided however that nothing in this chapter shall be construed to require the holder of any warrant to register the same.

Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 55.2501.
S.D. Codified Laws § 4-8-14.1 — SD Code / Title 4 / Chapter 8 / Section 4-8-14.1
Issuance of warrants on funds borrowed in anticipation of revenue
Status: in_force

Notwithstanding any other provision of law, the state auditor may issue warrants on any money actually provided for pursuant to § 4-8-14 in an amount not to exceed the amount of revenues anticipated.

Source: SL 1981, ch 31, § 2; SL 1997, ch 35, § 2.
S.D. Codified Laws § 4-4-4.4 — SD Code / Title 4 / Chapter 4 / Section 4-4-4.4
Insurance operating fund--Excess balance transfer
Status: in_force

At the end of each fiscal quarter, the treasurer shall transfer any cash balance in excess of two hundred thousand dollars from the insurance operating fund to the general fund.

Source: SL 1989, ch 48, § 2; SL 1995, ch 26; SL 2025, ch 31, § 2.
S.D. Codified Laws § 4-6-2 — SD Code / Title 4 / Chapter 6 / Section 4-6-2
Depository not disqualified by interest of public officer or employee
Status: in_force

Any state or national bank located in South Dakota, may be designated as the official depository of public moneys, notwithstanding the fact that a public officer, official, or employee may have a direct or an indirect interest in said bank either as an officer, director, stockholder, or employee.

Source: SL 1967, ch 268.
S.D. Codified Laws § 4-8A-12 — SD Code / Title 4 / Chapter 8A / Section 4-8A-12
Transfer of moneys--Legislative contingency budget unit
Status: in_force

Notwithstanding the provisions of § 4-8A-8 , the Executive Board of the Legislative Research Council may, by majority vote of the board, transfer moneys appropriated to a legislative department contingency budget unit in the general appropriation bill to another budget unit within the legislative department upon written request of the Director of the Legislative Research Council. The Legislative Research Council shall keep a record of the authorizations of transfers and make them available to the public.

Source: SL 1983, ch 30; SL 2025, ch 33, § 9.
S.D. Codified Laws § 4-5-12 — SD Code / Title 4 / Chapter 5 / Section 4-5-12
State Investment Council continued
Status: in_force

The State Investment Council is hereby continued.

Source: SL 1971, ch 27, § 1; SL 1974, ch 38, § 1.
S.D. Codified Laws § 4-5-39 — SD Code / Title 4 / Chapter 5 / Section 4-5-39
Short title
Status: in_force

Sections 4-5-12 to 4-5-39 , inclusive, may be cited as the "Investment of State Funds Law."

Source: SL 1971, ch 27, § 29.
S.D. Codified Laws § 4-8-27 — SD Code / Title 4 / Chapter 8 / Section 4-8-27
Promulgation of rules for temporary draw of money between funds
Status: in_force

The state auditor shall promulgate rules pursuant to chapter 1-26 for authorizing, monitoring, and controlling the temporary draw of money between state fund.

Source: SL 1997, ch 35, § 4.
S.D. Codified Laws § 4-6A-12 — SD Code / Title 4 / Chapter 6A / Section 4-6A-12
Depositors' statements of deposits to commission
Status: in_force

Within ten days after receipt of certification pursuant to § 4-6A-11 , each public depositor shall furnish to the Public Deposit Protection Commission verified statements of its deposits in the depository as disclosed by its records.

Source: SL 1974, ch 39, § 9 (2).
S.D. Codified Laws § 4-7-25.2 — SD Code / Title 4 / Chapter 7 / Section 4-7-25.2
Budgetary accounting fund
Status: in_force

There is hereby established in the state treasury a budgetary accounting fund. Any receipts or revenues into this fund may be expended pursuant to chapters 4-7 , 4-8 , and 4-8A for the purpose of defraying the expenses of the budgetary accounting services provided by the service agency authorized by § 4-7-25.1 .

Source: SL 1980, ch 38, § 2.
S.D. Codified Laws § 4-7-10.5 — SD Code / Title 4 / Chapter 7 / Section 4-7-10.5
Repeal of statutory allowances for boards, councils, and advisory bodies
Status: in_force

All statutory provisions specifically establishing salaries or compensation on a per diem basis and reimbursement of expenses for appointed members of all boards, commissions, councils, committees, and all other statutory or executive created policy making or advisory bodies of state government are hereby repealed.

Source: SL 1971, ch 23, § 2.
S.D. Codified Laws § 4-7-7.3 — SD Code / Title 4 / Chapter 7 / Section 4-7-7.3
Annual budget statements required by Governor
Status: in_force

The Governor is hereby authorized annually to require the completion of all acts and duties imposed by this chapter in the same manner as prescribed herein for biennial completion.

Source: SL 1963, ch 353, § 14; SDCL, § 4-7-14 .
S.D. Codified Laws § 4-7-45 — SD Code / Title 4 / Chapter 7 / Section 4-7-45
General revenue replacement fund established
Status: in_force

There is hereby established within the state treasury the general revenue replacement fund. The state treasurer shall transfer any funds remaining in the property tax reduction fund as of June 30, 2015, to the general revenue replacement fund. In fiscal year 2016 and each year thereafter, the commissioner of finance and management may transfer moneys available from the general revenue replacement fund to the general fund necessary to balance the annual budget due to an unforeseen revenue shortfall.

Source: SL 2015, ch 39, § 11.
S.D. Codified Laws § 4-6A-13 — SD Code / Title 4 / Chapter 6A / Section 4-6A-13
Losses in depositories--Assessment against public depositories
Status: in_force

If a loss occurs in a qualified public depository, upon receipt of statements furnished pursuant to § 4-6A-12 , the Public Deposit Protection Commission shall ascertain and fix the amount of such public deposit accounts net after deduction of deposit insurance and assess the same against that qualified public depository.

Source: SL 1974, ch 39, § 9 (3); SL 1982, ch 45, § 1G; SL 1986, ch 44, § 9; SL 1986, ch 45, § 8; SL 1987, ch 45, § 8.
S.D. Codified Laws § 4-7-8 — SD Code / Title 4 / Chapter 7 / Section 4-7-8
Governor's review and investigation of budget estimates
Status: in_force

The Governor, before submission of the budget report to the Legislature, shall examine the statements and estimates with a representative or representatives designated by the Legislative Research Council, and shall make or cause to be made such further investigations by the Bureau of Finance and Management, with such hearings before the Governor as the Governor deems advisable. The Governor shall direct such changes or revisions in policy and program and in specific details as the Governor finds warranted, provided, however, that such changes or revisions in policy and program shall be documented in each budget report submitted.

Source: SL 1963, ch 353, § 8 (1); SL 1968, ch 209, § 3; SL 2023, ch 3, § 22.
S.D. Codified Laws § 4-11-7.2 — SD Code / Title 4 / Chapter 11 / Section 4-11-7.2
Publication of school district audit results
Status: in_force

Not less than ten days after the date of filing the audit reports, the Department of Legislative Audit or the private auditing firm, whichever performed the audit, shall publish for two issues in each of the official papers of the school district a brief statement of the fact that the audit was made, where the audit may be found on file for public inspection, and a brief recital of the substantial items of error, irregularity, or loss which were discovered, but with enough detail so that the public is informed of the important findings of the audit. The Department of Legislative Audit or the private auditing firm, whichever made the audit, shall furnish a copy of the report of the audit to the person designated by the school board to receive the report. The designated person shall furnish a copy of the report of the audit to each member of the school board. The expense of the publication shall be paid at the legal rate by the school district.

Source: SL 1995, ch 28, § 2; SL 2018, ch 44, § 1.
S.D. Codified Laws § 4-9-23 — SD Code / Title 4 / Chapter 9 / Section 4-9-23
Addition of identifying information to application for replacement warrant or check
Status: in_force

The issuing officer shall place on the application provided for by § 4-9-22 sufficient information to show the original warrant or check number, date of issue, payee, and fund.

Source: SL 1965, ch 243, § 1 (4).
S.D. Codified Laws § 4-7-10 — SD Code / Title 4 / Chapter 7 / Section 4-7-10
Contents of annual budget report
Status: in_force

The budget report shall contain and include the following information:

(1) Summary statements of the financial condition of the state, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall include, but not be limited to, the following:

(a) A comparative consolidated balance sheet showing the fiscal condition of the state general fund and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded.

(b) Summary statements of the general fund balance showing in detail the surplus or deficit at the beginning of each of the two fiscal years last concluded, the actual revenue of that year, the total appropriations of that year, and the total expenditures of that year.

(c) Similar summary statements of the estimated fund balance for the current fiscal year and the next fiscal year.

(2) Statements of actual revenue for each of the two fiscal years last concluded, and the estimated revenue of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the state treasury at the beginning of the next fiscal year. The statements of revenue and estimated revenue shall be classified by source. Existing sources of revenue shall be analyzed as to their equity, productivity, and need for revision, and any proposed new sources of revenue shall be explained.

(3) Summary statements of expenditures, including funds received in accordance with the State and Local Fiscal Assistance Act, for each of the two fiscal years last concluded, itemized by budget units and classified as prescribed by the commissioner of finance and management.

(4) Detailed comparative statements of expenditures and requests for appropriations, including funds received or anticipated to be received in accordance with the State and Local Fiscal Assistance Act, by fund classification, budget units and classification of expenditures, showing the expenditures for each of the two fiscal years last concluded, the budget of the current fiscal year, and the Governor's recommendations for appropriations for each budget unit for the next fiscal year, all distributed according to the prescribed classification of expenditures. Following the lists of actual and proposed expenditures of each budget unit there shall be a brief explanation of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended, and the amounts recommended, with such descriptive, quantitative, comparative, and other data as to work done, unit costs and like information as may be considered necessary or desirable. For capital outlay expenditures involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be projected for at least three years beyond the period covered by the budget.

(5) A summary statement of the unappropriated fund balances estimated to be available at the beginning of the next fiscal year, and the estimated revenue of the next fiscal year, as compared with the total recommended amounts of appropriation for expenditures for the next fiscal year, and if the total of the recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of any proposed additional revenues.

(6) Informational budgets submitted pursuant to § 4-7-7.2 .

(7) Such other information as the Governor deems desirable or as is required by law.

(8) Each program listed in the annual budget report shall contain a description of the revenues related to that program including the actual amounts received for the preceding fiscal years and projections of receipts for the current and next fiscal year.

Source: SL 1963, ch 353, § 6; SL 1969, ch 217, § 3; SL 1974, ch 40, §§ 1, 2; SL 1976, ch 52; SL 1980, ch 38, § 4.
S.D. Codified Laws § 4-2-10 — SD Code / Title 4 / Chapter 2 / Section 4-2-10
Subpoena and examination of witnesses in investigations--Expenses and per diem of witnesses
Status: in_force

The auditor - general and his assistants, examiners, or auditors shall be authorized to issue subpoenas for the attendance of witnesses and for the production of records in connection with any post - audit, investigation, or examination being conducted by any of them. They shall have power to administer oaths to witnesses. No witness shall be entitled to demand or receive his traveling fees or per diem in advance in such cases. The expenses and per diem of such witnesses and service of subpoenas shall be paid by the state when any state department, institution, or office is under investigation and by the particular political subdivision of the state of which any office or account is under investigation.

Source: SL 1943, ch 258, § 4; SDC Supp 1960, § 55.2904; SL 1966, ch 165, § 3.
S.D. Codified Laws § 4-5-29.1 — SD Code / Title 4 / Chapter 5 / Section 4-5-29.1
Health care trust fund--Investment officer to calculate amount eligible for distribution--Transfer to state general fund
Status: in_force

Pursuant to S.D. Const., Art. XII, § 5, the state investment officer shall determine the market value of the health care trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30 . The state investment officer shall calculate an amount equal to four percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2008, the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the health care trust fund to the state general fund as soon as practicable after July first of the next fiscal year.

Source: SL 2002, ch 26, § 3; SL 2004, ch 62, § 1; SL 2006, ch 23, § 1.
S.D. Codified Laws § 4-7-50 — SD Code / Title 4 / Chapter 7 / Section 4-7-50
Capital expenditure plan
Status: in_force

The Bureau of Finance and Management shall issue a capital expenditure plan outlining new construction projects, renovation and expansion projects, as well as maintenance and repair projects for the current fiscal year and the succeeding four fiscal years.

Source: SL 2015, ch 40, § 5.
S.D. Codified Laws § 4-5-18 — SD Code / Title 4 / Chapter 5 / Section 4-5-18
Division of investment continued--Immediate supervision
Status: in_force

The division of investment is hereby continued, to conduct the daily operations of the State Investment Council and the division shall be under the immediate supervision and direction of a person who shall be designated the "state investment officer."

Source: SL 1971, ch 27, § 8; SL 1974, ch 38, § 2.
S.D. Codified Laws § 4-11-10 — SD Code / Title 4 / Chapter 11 / Section 4-11-10
Contents of audit reports
Status: in_force

The reports made under § 4-11-9 shall contain financial statements presented in accordance with generally accepted accounting principles or other accepted methods of reporting of such subdivision, department, commission, agency, or institution, and such other general information as may be deemed necessary by the auditor or required by such subdivision, department, commission, agency, or institution.

Source: SL 1943, ch 258, § 8; SDC Supp 1960, § 55.2908; SL 1965, ch 244; SL 1966, ch 165, § 9; SL 1985, ch 34, § 4.
S.D. Codified Laws § 4-7-6 — SD Code / Title 4 / Chapter 7 / Section 4-7-6
Assistance to bureau by other state officers
Status: in_force

The commissioner of human resources and administration, attorney general, state treasurer, state auditor-general, secretary of revenue, state auditor, and the executive director of the Board of Regents shall render such advice and assistance, and furnish such information to the Bureau of Finance and Management as may be requested.

Source: SL 1963, ch 353, § 3; SL 2006, ch 107, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 4-1-4 — SD Code / Title 4 / Chapter 1 / Section 4-1-4
Administrative direction and supervision by secretary of state--Independent functions retained by board
Status: in_force

The Board of Finance shall be administered under the direction and supervision of the secretary of state, but shall retain the quasi - judicial, quasi - legislative, advisory, other nonadministrative, and special budgetary functions (as defined in § 1-32-1 ) otherwise vested in it and shall exercise those functions independently of the secretary of state.

Source: SL 1974, ch 6, § 2.
S.D. Codified Laws § 4-6A-15 — SD Code / Title 4 / Chapter 6A / Section 4-6A-15
Reimbursement of public depositors from proceeds of assessments
Status: in_force

Upon receipt of assessment payments under § 4-6A-14 , the Public Deposit Protection Commission shall reimburse the public depositors of the qualified public depository in which the loss occurred to the extent of the depository's net deposit liability to them.

Source: SL 1974, ch 39, § 9 (5); SL 1986, ch 44, § 10.
S.D. Codified Laws § 4-8A-11 — SD Code / Title 4 / Chapter 8A / Section 4-8A-11
Contingency fund request--Vote required for release, change in amount--Transfer of moneys
Status: in_force

No action may be taken on release of moneys from any general contingency funds except by majority vote of the entire special committee membership. The special committee by majority vote of the entire membership may reduce or increase the dollar amount recommended by the Governor. Upon the approval of the special committee, the Bureau of Finance and Management shall initiate the transfer of the moneys to the proper agency fund.

Source: SL 1974, ch 44, § 6; SL 2025, ch 33, § 8.
S.D. Codified Laws § 4-3-12.1 — SD Code / Title 4 / Chapter 3 / Section 4-3-12.1
Remittance of county collections for state--Time--Procedure
Status: in_force

Unless authorized by statute, all state taxes, licenses, fees, and special taxes collected for or charges due the state from counties shall be received by the state remittance center on or before the fifteenth day of the month following the month that money is collected or following the period of time for which charges are made. The state treasurer is responsible for establishing procedures to be followed by counties in remitting this money.

Source: SL 1984, ch 30, § 23.