reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 05 - Custody And Investment Of State Funds › Section 4-5-56 - Inapplicability to certain investments.

4-5-56. Inapplicability to certain investments.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 05 - Custody And Investment Of State Funds › Section 4-5-57 - Indirect holdings in actively managed investment funds.

4-5-57. Indirect holdings in actively managed investment funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 05 - Custody And Investment Of State Funds › Section 4-5-58 - Report to Legislative Research Council Executive Board.

4-5-58. Report to Legislative Research Council Executive Board.
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(3)A list of all investments sold, redeemed, divested, or withdrawn in compliance with §4-5-53;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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 05 - Custody And Investment Of State Funds › Section 4-5-59 - Circumstances under which §§4-5-48 to 4-5-60, inclusive, become inoperative.

4-5-59. Circumstances under which §§4-5-48 to 4-5-60, inclusive, become inoperative.
The provisions of §§4-5-48 to 4-5-60, inclusive, cease to be operative if either of the following occurs:
(1)Iran is removed from the United States Department of State's list of countries that have been determined to repeatedly provide support for acts of international terrorism; or
(2)The President of the United States determines and certifies that state legislation similar to §§4-5-48 to 4-5-60, inclusive, interferes with the conduct of United States foreign policy.
Source:
SL 2010, ch 27, §12.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 05 - Custody And Investment Of State Funds › Section 4-5-60 - Construction with other state law.

4-5-60. Construction with other state law.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06 - Depositories Of Public Funds › Section 4-6-2 - Depository not disqualified by interest of public officer or employee.

4-6-2. Depository not disqualified by interest of public officer or employee.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06 - Depositories Of Public Funds › Section 4-6-16 - Active depositories for collection of instruments--Interest paid.

4-6-16. Active depositories for collection of instruments--Interest paid.
The state treasurer shall prepare specifications and select successful bidders for a period not to exceed three years to act as active depositories for the collection of drafts, checks, certificates of deposit, or coupons that may be received by the state treasurer on account of claims due the state, in which may be maintained active checking accounts. The state treasurer may negotiate with the successful bidder to continue such depositories for two years beyond the initial three. The state treasurer, on receipt of any draft, check, or certificate of deposit on account of state dues, may place the same in such active depository for collection and the active depository may collect the same without delay. The interest to be paid by such active depository shall be fixed by the state treasurer.
Source:
SL 1909, ch 229, §§6, 8; SL 1911, ch 234, §§6, 8; RC 1919, §§6877, 6879; SL 1921, ch 368; SL 1931, ch 229, §1; SL 1937, ch 234; SDC 1939, §55.2404; SL 1939, ch 208, §3; SL 1984, ch 30, §68; SL 1994, ch 42.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06 - Depositories Of Public Funds › Section 4-6-22 - Accounting by treasurer for interest earned--Apportionment of interest to special funds.

4-6-22. Accounting by treasurer for interest earned--Apportionment of interest to special funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06 - Depositories Of Public Funds › Section 4-6-23 - Depository's monthly statement of deposits, disbursements and interest--Affidavit denying bribery--False statement as perjury.

4-6-23. Depository's monthly statement of deposits, disbursements and interest--Affidavit denying bribery--False statement as perjury.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06 - Depositories Of Public Funds › Section 4-6-24 - Failure of treasurer to perform duty as misdemeanor.

4-6-24. Failure of treasurer to perform duty as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06 - Depositories Of Public Funds › Section 4-6-26 - Borrowing on daily basis for management of state deposits--Repayment.

4-6-26. Borrowing on daily basis for management of state deposits--Repayment.
For the purpose of managing deposits of state moneys, the state treasurer may, on a daily basis only, borrow moneys from any depository to cover advances made by a depository of the state on uncollected deposits. The state treasurer may pay interest on such borrowed moneys at a rate to be negotiated by him and the lending depository and may take such measures as are necessary to implement this section. All such moneys shall be repaid, with interest, before the end of the fiscal year in which they were borrowed. The state is not liable to repay such moneys from revenues of any later fiscal year.
Source:
SL 1983, ch 3, §1.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-1 - Definitions.

4-6A-1. Definitions.
Terms as used in this chapter mean:
(1)"Commission," the South Dakota Public Deposit Protection Commission created under §4-6A-2;
(2)"Deposit insurance," insurance provided by the Federal Deposit Insurance Corporation or the National Credit Union Administration;
(3)"Eligible collateral," collateral which is eligible as security for public deposits pursuant to §§51A-10-9, 51A-4-25, and 51A-4-26 and also includes certificates of deposit that are owned by the qualified public depository and that are fully insured by deposit insurance, and that portion of loans which are unconditionally guaranteed by a United States government agency including Government National Mortgage Association (GNMA), the Veterans' Administration (VA), the Federal Housing Administration (FHA), the Farmers Home Administration (FmHA), the Export-Import Bank (EXIMBANK), the Overseas Private Investment Corporation (OPIC), the Commodity Credit Corporation (CCC), and the Small Business Administration (SBA). Further, in lieu of pledging eligible securities, a qualified public depository may furnish to a public depositor irrevocable standby letters of credit issued by Federal Home Loan Banks to the public depositor accompanied by a written evidence of that bank's public debt rating which may not be less than "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation, or a qualified public depository may furnish to a public depositor a corporate surety bond of a corporation authorized to do business in South Dakota;
(4)"Loss," issuance of an order of supervisory authority restraining a qualified public depository from making payments of deposit liabilities or the appointment of a receiver for a qualified public depository;
(5)"Maximum liability," a sum equal to one hundred percent of the public deposit accounts which exceed deposit insurance, which are held by the qualified public depository;
(6)"Public deposit," all general, special, and other funds held or administered by this state or any political subdivision thereof, including counties, municipalities, townships, and school districts, or by any officer, commission, board, bureau, or agency of the state or political subdivision or any tribal government funds, and which public deposit is insured, in whole or in part, by deposit insurance;
(7)"Qualified public depository," a state bank, national bank, federal savings and loan association, or a federally chartered credit union located in this state which receives or holds public deposits; and segregates eligible collateral for public deposits as described in §4-6A-3;
(8)"Treasurer," the state treasurer, a county treasurer, a treasurer of any other municipal corporation, or the custodian of any public funds.
Source:
SL 1974, ch 39, §2; SL 1982, ch 45, §1; SL 1986, ch 44, §1; SL 1986, ch 45, §2; SL 1986, ch 400, §16; SL 1987, ch 45, §1; SL 1991, ch 39; SL 1997, ch 273, §4; SL 2002, ch 221, §3; SL 2015, ch 38, §1; SL 2020, ch 4, § 24.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-2 - Public deposit protection commission established--Function.

4-6A-2. Public deposit protection commission established--Function.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-3 - Segregation of collateral by public depository--Value--Deposit and designation--Letters of credit and surety bonds.

4-6A-3. Segregation of collateral by public depository--Value--Deposit and designation--Letters of credit and surety bonds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-4 - Valuation of collateral--Substitution of securities.

4-6A-4. Valuation of collateral--Substitution of securities.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-5 - Income from collateral.

4-6A-5. Income from collateral.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-6 - Information required of depository--Disqualification on failure to provide information.

4-6A-6. Information required of depository--Disqualification on failure to provide information.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-7 - Reports of public deposits and segregated collateral--False statement as perjury.

4-6A-7. Reports of public deposits and segregated collateral--False statement as perjury.
On each call report date, or more often as determined by the public deposit protection commission, each qualified public depository shall render to the commission a written report, certified under oath, indicating the total amount of public deposits held by it and the amount and nature of the eligible collateral segregated and designated therefor in accordance with this chapter. Any person who makes a false statement in any affidavit required by this section is guilty of perjury, and upon conviction thereof, shall be punished as provided by law.
Source:
SL 1974, ch 39, §11; SL 1982, ch 45, §1D; SL 1986, ch 44, §6; SL 1986, ch 45, §5; SL 1987, ch 45, §5.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-8 - Treasurer not liable for loss from authorized deposits.

4-6A-8. Treasurer not liable for loss from authorized deposits.
When deposits are made in accordance with this chapter, a treasurer shall not be liable for any loss thereof resulting from the failure or default of any depository without fault or neglect on his part or on the part of his assistants or clerks.
Source:
SL 1909, ch 229, §2; SL 1911, ch 234, §2; RC 1919, §6873; SL 1923, ch 282; SL 1927, ch 200, §1; SL 1929, ch 233; SDC 1939, §55.2401; SL 1939, ch 208, §1; SL 1949, ch 218; SDCL, §4-6-15; SL 1974, ch 39, §12.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-9 - Public deposits protected by chapter.

4-6A-9. Public deposits protected by chapter.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-10 - Payment to public officers after loss determined--Procedures.

4-6A-10. Payment to public officers after loss determined--Procedures.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-11 - Ascertainment of public deposits and insurance when depository restrained or taken in possession--Certification to public depositors.

4-6A-11. Ascertainment of public deposits and insurance when depository restrained or taken in possession--Certification to public depositors.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-12 - Depositors' statements of deposits to commission.

4-6A-12. Depositors' statements of deposits to commission.
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).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-13 - Losses in depositories--Assessment against public depositories.

4-6A-13. Losses in depositories--Assessment against public depositories.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-14 - Payment of assessments by depositories--Liquidation of collateral on failure to pay.

4-6A-14. Payment of assessments by depositories--Liquidation of collateral on failure to pay.
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).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-15 - Reimbursement of public depositors from proceeds of assessments.

4-6A-15. Reimbursement of public depositors from proceeds of assessments.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-16 - Actions for protection or settlement of claims.

4-6A-16. Actions for protection or settlement of claims.
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).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-17 - Fixing date of loss.

4-6A-17. Fixing date of loss.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-19 - Subrogation of commission to depositors' claims--Apportionment of amounts recovered--Refund of assessments--Expenses of liquidation.

4-6A-19. Subrogation of commission to depositors' claims--Apportionment of amounts recovered--Refund of assessments--Expenses of liquidation.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 06A - Insurance Of Public Deposits › Section 4-6A-20 - Rules of commission.

4-6A-20. Rules of commission.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-1 - Definitions.

4-7-1. Definitions.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-1.1 - Definitions.

4-7-1.1. Definitions.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-2 - Bureau within Department of Executive Management--Purpose.

4-7-2. Bureau within Department of Executive Management--Purpose.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-3 - General budgetary powers of Governor.

4-7-3. General budgetary powers of Governor.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-4 - Qualifications of commissioner--Salary.

4-7-4. Qualifications of commissioner--Salary.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-5 - Employment of personnel for bureau--Expenses of personnel--Equipment and supplies--Office space.

4-7-5. Employment of personnel for bureau--Expenses of personnel--Equipment and supplies--Office space.
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 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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-6 - Assistance to bureau by other state officers.

4-7-6. Assistance to bureau by other state officers.
The commissioner of 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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-7 - Annual budget estimates submitted by budget units--Contents and approval--Copies to Legislative Research Council.

4-7-7. Annual budget estimates submitted by budget units--Contents and approval--Copies to Legislative Research Council.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-7.1 - Plan of goals and activities submitted with budget request.

4-7-7.1. Plan of goals and activities submitted with budget request.
All budget units shall submit to the Bureau of Finance and Management with their budget request a detailed plan of their goals and program activities.
Source:
SL 1972, ch 26, §1; SL 1985, ch 33, §26.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-7.2 - Informational budgets required.

4-7-7.2. Informational budgets required.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-7.3 - Annual budget statements required by Governor.

4-7-7.3. Annual budget statements required by Governor.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-8 - Governor's review and investigation of budget estimates.

4-7-8. Governor's review and investigation of budget estimates.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-9 - Preparation and submission of budget report to Legislature.

4-7-9. Preparation and submission of budget report to Legislature.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-10.1 - Salaries of specified officials included in budget.

4-7-10.1. Salaries of specified officials included in budget.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-10.2 - Repeal of statutes establishing salaries of appointed officials.

4-7-10.2. Repeal of statutes establishing salaries of appointed officials.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › 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.

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.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-10.5 - Repeal of statutory allowances for boards, councils, and advisory bodies.

4-7-10.5. Repeal of statutory allowances for boards, councils, and advisory bodies.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-12 - Access of Governor-elect to budget report in process--Supplementary budget message by incoming Governor.

4-7-12. Access of Governor-elect to budget report in process--Supplementary budget message by incoming Governor.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-13 - Legislative adoption of financial plan for each year.

4-7-13. Legislative adoption of financial plan for each year.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-13.1 - Full-time equivalent appropriations separated in financial plan.

4-7-13.1. Full-time equivalent appropriations separated in financial plan.
The financial plan adopted by the Legislature as prescribed in §4-7-13 shall separate the appropriations for full-time equivalent positions as defined in subdivision 2-14-2(12).
Source:
SL 1977, ch 40, §2.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-15 - Development of policies and plan--Detailed documents--Information available to Legislature.

4-7-15. Development of policies and plan--Detailed documents--Information available to Legislature.
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 such financial policies and plans for presentation to the Legislature. The Bureau of Finance and Management shall make its records and information available at all times to the Legislature and its designees.
Source:
SL 1963, ch 353, §4 (1).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-16 - Analysis of proposed legislation by bureau.

4-7-16. Analysis of proposed legislation by bureau.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-17 - Assistance to Legislature provided by bureau.

4-7-17. Assistance to Legislature provided by bureau.
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 provide such assistance as the Legislature may request and be available to assist its appropriations committees with any needed information or material.
Source:
SL 1963, ch 353, §4 (6).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-18 - Coordination of procedures to carry out legislative policies.

4-7-18. Coordination of procedures to carry out legislative policies.
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).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-19 - Long-term capital improvements budget.

4-7-19. Long-term capital improvements budget.
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).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-20 - Operational improvements and economies--Automatic data processing systems.

4-7-20. Operational improvements and economies--Automatic data processing systems.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-25 - Other duties of bureau.

4-7-25. Other duties of bureau.
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).