reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-25.1 - Budgetary accounting service agency--Administration--Purpose.

4-7-25.1. Budgetary accounting service agency--Administration--Purpose.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-25.2 - Budgetary accounting fund.

4-7-25.2. Budgetary accounting fund.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-25.3 - Budgetary accounting service agency--Financing.

4-7-25.3. Budgetary accounting service agency--Financing.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-25.4 - Fees for budgetary accounting services.

4-7-25.4. Fees for budgetary accounting services.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-26 - Rules and regulations.

4-7-26. Rules and regulations.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-28 - Salaries established by agencies controlled by Governor--Approval of Governor required.

4-7-28. Salaries established by agencies controlled by Governor--Approval of Governor required.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-29 - Exemption of Board of Regents from salary approval requirement.

4-7-29. Exemption of Board of Regents from salary approval requirement.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-32 - Transfer of unobligated cash to budget reserve fund--Legislative action required for reserve fund expenditures.

4-7-32. Transfer of unobligated cash to budget reserve fund--Legislative action required for reserve fund expenditures.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-39 - Transfer of unobligated cash to general revenue replacement fund.

4-7-39. Transfer of unobligated cash to general revenue replacement fund.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-40 - Condition statements--Requests by legislative committee or chair.

4-7-40. Condition statements--Requests by legislative committee or chair.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-41 - Condition statement defined--Condition statement forms.

4-7-41. Condition statement defined--Condition statement forms.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-45 - General revenue replacement fund established.

4-7-45. General revenue replacement fund established.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-46 - Maximum debt through South Dakota Building Authority and vocational education program of South Dakota Health and Educational Facilities Authority.

4-7-46. Maximum debt through South Dakota Building Authority and vocational education program of South Dakota Health and Educational Facilities Authority.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-47 - Total annual debt service payments of South Dakota Building Authority and vocational education program of South Dakota Health and Educational Facilities Authority.

4-7-47. Total annual debt service payments of South Dakota Building Authority and vocational education program of South Dakota Health and Educational Facilities Authority.
The total annual debt service payments of the South Dakota Building Authority and the vocational education program of the South Dakota Health and Educational Facilities Authority may not exceed four percent of the total ongoing general fund receipts for the most recently completed state fiscal year.
Source:
SL 2015, ch 6, §5; SL 2015, ch 40, §2.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-48 - Plan outlining current debt policies, financial analysis, and metrics.

4-7-48. Plan outlining current debt policies, financial analysis, and metrics.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-49 - Long-term financial plan.

4-7-49. Long-term financial plan.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-50 - Capital expenditure plan.

4-7-50. Capital expenditure plan.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-51 - Publication of financial plans.

4-7-51. Publication of financial plans.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 07 - Preparation And Adoption Of State Budget › Section 4-7-52 - Submission of zero based budget on request of Joint Committee on Appropriations.

4-7-52. Submission of zero based budget on request of Joint Committee on Appropriations.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-1 - Expenditures to be authorized by appropriations based on budget.

4-8-1.Expenditures to be authorized by appropriations based on budget.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-2 - Payments and obligations to be authorized by law--Liability to state for unauthorized payments.

4-8-2. Payments and obligations to be authorized by law--Liability to state for unauthorized payments.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-3 - Expenses in excess of appropriations prohibited--Misdemeanor.

4-8-3. Expenses in excess of appropriations prohibited--Misdemeanor.
No officer, board, or commission supported by state appropriation shall incur any expense in excess of the appropriation made for his or its maintenance and support by which a deficiency may be created in the funds appropriated for the maintenance of any department, board, institution, commission, or any other activity supported in whole or in part by state funds. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1909, ch 137, §§1, 2; SL 1918 (SS), ch 63; RC 1919, §6891; SL 1923, ch 245; SDC 1939, §55.2201; SL 1980, ch 24, §57.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-4 - Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor.

4-8-4. Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-7 - Anticipation of appropriations in extreme emergency.

4-8-7. Anticipation of appropriations in extreme emergency.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-10 - Apportionment of interest from dedicated institutional funds.

4-8-10. Apportionment of interest from dedicated institutional funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-12 - Disbursement of institutional funds.

4-8-12. Disbursement of institutional funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-13 - Expenditure of anticipated institutional fund income.

4-8-13. Expenditure of anticipated institutional fund income.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-14 - Anticipation of revenue by borrowing from other funds.

4-8-14. Anticipation of revenue by borrowing from other funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-14.1 - Issuance of warrants on funds borrowed in anticipation of revenue.

4-8-14.1. Issuance of warrants on funds borrowed in anticipation of revenue.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-15 - Restoration of fund from which loan made--Treasurer's books to show status of funds.

4-8-15. Restoration of fund from which loan made--Treasurer's books to show status of funds.
Any fund temporarily depleted by virtue of §4-8-14 shall be fully restored within the time frame specified and approved by the state auditor.
The books of the state treasurer shall at all times show the true amount of moneys in any particular fund, as well as any temporary withdrawal therefrom.
Source:
SDC 1939, §55.2006; SL 1964, ch 157, §1; SL 1997, ch 35, §3; SL 1998, ch 27, §1.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-17 - Acceptance and disbursement of federal funds.

4-8-17. Acceptance and disbursement of federal funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-17.1 - Budget and appropriation required for expenditures by Department of Transportation and Aeronautics Commission.

4-8-17.1. Budget and appropriation required for expenditures by Department of Transportation and Aeronautics Commission.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-18 - Capitol communications systems internal service fund--Apportionment of expenses.

4-8-18. Capitol communications systems internal service fund--Apportionment of expenses.
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 Telecommunications 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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-19 - Reversion of unencumbered appropriations at end of year--Period of availability of encumbered amounts.

4-8-19. Reversion of unencumbered appropriations at end of year--Period of availability of encumbered amounts.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › 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.

4-8-19.1. Carry forward of funds received through American Recovery and Reinvestment Act or FAA Air Transportation Modernization and Safety Improvement Act.
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. 111-5 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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-20 - Payment of claims contracted in one year from subsequent year's funds.

4-8-20. Payment of claims contracted in one year from subsequent year's funds.
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).
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-21 - Reversion of unencumbered special appropriations after four years--Period of availability of encumbered amounts.

4-8-21. Reversion of unencumbered special appropriations after four years--Period of availability of encumbered amounts.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-21.1 - Lapse of bonding authorization after four years unless necessary to complete project contracted in writing--Exceptions.

4-8-21.1. Lapse of bonding authorization after four years unless necessary to complete project contracted in writing--Exceptions.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-22 - Period of availability of maintenance and repair appropriations--Reversion--Availability of encumbered amounts.

4-8-22. Period of availability of maintenance and repair appropriations--Reversion--Availability of encumbered amounts.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-24 - Unauthorized payment or obligation as misdemeanor--Revenue anticipation warrants and school fund distribution excepted.

4-8-24. Unauthorized payment or obligation as misdemeanor--Revenue anticipation warrants and school fund distribution excepted.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-25 - Retention of appropriation balance to pay outstanding liabilities of terminated budget unit--Reversion to general fund after one year.

4-8-25. Retention of appropriation balance to pay outstanding liabilities of terminated budget unit--Reversion to general fund after one year.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-26 - Appropriation of money deposited in treasury in trust or requiring refund.

4-8-26. Appropriation of money deposited in treasury in trust or requiring refund.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-27 - Promulgation of rules for temporary draw of money between funds.

4-8-27. Promulgation of rules for temporary draw of money between funds.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08 - Authority For State Expenditures › Section 4-8-28 - Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall.

4-8-28. Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-1 - Definition of terms.

4-8A-1.Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"General appropriation act," 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;
(2)"General contingency funds," appropriated funds for expenditures arising from or subject to unforeseen conditions of a department's or institution'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 or institutions;
(3)"Maintenance and repair," expenditures authorized for contractual services for repairs, alterations and additions to physical plant and expenditures for supplies and materials purchased by a state institution or agency to be used in the repair, alteration or additions to physical plant, where the same are to be repaired or altered by the use of institution or agency employees, and expenditures for replacement of equipment, the primary use of which is for repair and alteration of physical plant;
(4)"Program," major services rendered by a department for a single identifiable purpose as appropriated within a department budget;
(5)"Special committee," the committee created by §4-8A-2.
Source:
SL 1974, ch 44, §1; SL 1980, ch 39, §1.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-2 - Special interim committee created--Approval and removal of members.

4-8A-2. Special interim committee created--Approval and removal of members.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-3 - Powers and duties of special committee.

4-8A-3. Powers and duties of special committee.
The special committee shall serve to release sums of money from any general contingency funds appropriated for contingent purposes by the general appropriation act or any special act. The special committee shall also serve to continually review, evaluate, and coordinate state fiscal and budgetary policy including, but not limited to, the adoption of any new programs by any department of state government and shall also 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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-4 - Meetings of special committee--Quorum.

4-8A-4. Meetings of special committee--Quorum.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-5 - Classification and coding of general appropriation amounts.

4-8A-5. Classification and coding of general appropriation amounts.
The appropriation amounts authorized as a result of the general appropriation act shall be classified and coded for budgetary accounting purposes in accordance with the provisions of chapter 4-7.
Source:
SL 1974, ch 44, §8.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-6 - Use of general appropriation amounts for specific purposes only--Auditor to issue warrants.

4-8A-6. Use of general appropriation amounts for specific purposes only--Auditor to issue warrants.
All amounts appropriated by the general appropriation act shall be used 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 shall be issued to or on behalf of any person, department, or institution, on any fund in excess of the appropriation specifically made in the general appropriation act, except as provided by the provisions of this chapter, a special act of the Legislature making a specific appropriation, an internal service fund created by the Legislature, or a continuing appropriation from state revenues.
Source:
SL 1974, ch 44, §9.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-7 - Allocation of general appropriations to Bureau of Administration or institutions--Transfer documents--Adjustment of records.

4-8A-7. Allocation of general appropriations to Bureau of Administration or institutions--Transfer documents--Adjustment of records.
Any moneys appropriated in the general appropriation act to the Board of Regents, or the executive branch for operations, maintenance, and repair, and contingency for institutions and programs under their jurisdiction shall be allocated by the board or department heads to the Bureau of Administration or to the expenditure accounts of the institutions to which an allocation of funds is made. Such transfer documents shall be approved by the Bureau of Finance and Management.
Source:
SL 1974, ch 44, §10; SL 1975, ch 45; SL 1989, ch 20, §50.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-8 - Transfers of general appropriations between programs, departments, and bureaus--Record of transfers.

4-8A-8. Transfers of general appropriations between programs, departments, and bureaus--Record of transfers.
Moneys appropriated on a program basis by the General Appropriation Act may be transferred between program accounts within or between programs within departments and bureaus or between departments and bureaus to reflect a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution only at the written request of a governing body, department secretary, or bureau commissioner, or designee, in accordance with procedures established by the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management. Transfer of moneys appropriated by the General Appropriations Act between departments, institutions, and bureaus that is not necessary for a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution may only occur at the written request of a governing body, department secretary, or bureau commissioner, or designee, only in accordance with procedures established by the Bureau of Finance and Management and only upon approval by the special committee created in this chapter. The Bureau of Finance and Management shall keep a record of all such authorizations of transfers and make them available for public inspection. Immediately after the transfer of moneys authorized by this section is approved, the bureau shall transmit an authorization notice to the special legislative committee established in §4-8A-2 and its designees.
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.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-9 - Contingency fund requests--Governor's recommendation to special committee.

4-8A-9. Contingency fund requests--Governor's recommendation to special committee.
All requests by state departments and institutions for moneys from any general contingency funds appropriated by the general appropriation act or any special act must be submitted in writing to the Governor, the Bureau of Finance and Management, and the chairman or chairmen of the special committee, setting forth clearly the proposed usage and necessity for such funds. If the Governor deems any such request to be in the public interest and of sufficient necessity, the Governor shall submit a recommendation to the special committee, for its consideration and disposition.
Source: SL 1974, ch 44, §4; SL 2023, ch 3, §25.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-10 - Notice to special committee members of request for contingency funds.

4-8A-10. Notice to special committee members of request for contingency funds.
Whenever it shall be deemed 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 state departments and institutions, the Governor shall give due and reasonable notice to the members of the special committee.
Source:
SL 1974, ch 44, §5.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-11 - Vote of committee required for release of contingency funds--Change in Governor's recommended amount--Transfer of funds.

4-8A-11. Vote of committee required for release of contingency funds--Change in Governor's recommended amount--Transfer of funds.
No action shall be taken on release of moneys from any general contingency funds except by majority vote of the entire membership. The special committee by majority vote of the entire membership may reduce or increase the dollar amount recommended by the Governor. The Bureau of Finance and Management shall initiate the transfer of such funds to the proper department fund.
Source:
SL 1974, ch 44, §6.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-12 - Transfer of contingency funds.

4-8A-12. Transfer of contingency funds.
Notwithstanding the provisions of §4-8A-8, the Executive Board of the Legislative Research Council may, by majority vote of the board, transfer money appropriated to a legislative department contingency program line item in the general appropriations act to other program line items within the legislative department upon written request of the division heads. The Legislative Research Council shall keep a record of all such authorizations of transfers and make them available to the public.
Source:
SL 1983, ch 30.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-14 - Expired on June 30, 2016, pursuant to SL 2009, ch 23, §3, as amended by SL 2011, ch 27, §3.

4-8A-14. Expired on June 30, 2016, pursuant to SL 2009, ch 23, §3, as amended by SL 2011, ch 27, §3 .
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-16 - Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall.

4-8A-16. Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall.
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 committee created by this chapter. Notwithstanding the provisions of subdivisions 4-7-10(2) and (5), the projections shall contain information of 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 shall propose measures to the Governor and the special committee created in chapter 4-8A 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 shall propose measures to eliminate the shortfall consistent with S.D. Const., Art. 12, §7.
Source:
SL 2014, ch 27, §2.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 08A - Interim Transfers And Appropriations › Section 4-8A-17 - Legislative priority pilot program contingency fund created.

4-8A-17. Legislative priority pilot program contingency fund created.
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.