Title 4 — PUBLIC FISCAL ADMINISTRATION
16 chapters · 326 sections in this title.
SDCL § 4-8-10 Apportionment of interest from dedicated institutional funds
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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, pe…
SDCL § 4-8-11 SDCL 4-8-11
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Repealed by SL 1983, ch 29 , § 5.
SDCL § 4-8-12 Disbursement of institutional funds
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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.
SDCL § 4-8-13 Expenditure of anticipated institutional fund income
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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.
SDCL § 4-8-14 Anticipation of revenue by borrowing from other funds
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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 …
SDCL § 4-8-14.1 Issuance of warrants on funds borrowed in anticipation of revenue
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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.
SDCL § 4-8-15 Restoration of fund from which loan made--Treasurer's books to show status of funds
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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 withd…
SDCL § 4-8-16 SDCL 4-8-16
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Repealed by SL 1971, ch 5 , § 7.
SDCL § 4-8-17 Acceptance and disbursement of federal funds
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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 coo…
SDCL § 4-8-17.1 Budget and appropriation required for expenditures by Department of Transportation and Aeronautics Commission
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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 ther…
SDCL § 4-8-18 Capitol communications systems internal service fund--Apportionment of expenses
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There is hereby created a capitol communications systems internal service fund to encompass the operations of the capitol telephone system and any and all other capitol communication systems. The commissioner of the Bureau of Information and Technology shall apportion all expense…
SDCL § 4-8-19.1 Carry forward of funds received through American Recovery and Reinvestment Act or FAA Air Transportation Modernization and Safety Improvement Act
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Notwithstanding the prohibition by § 4-8-19 of funds being carried forward, funds received by the state from the federal government through the American Recovery and Reinvestment Act of 2009, P.L. 1 11-5 or the FAA Air Transportation Modernization and Safety Improvement Act, P.L.…
SDCL § 4-8-19.2 SDCL 4-8-19.2
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Expired on June 30, 2012.
SDCL § 4-8-2 Payments and obligations to be authorized by law--Liability to state for unauthorized payments
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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 …
SDCL § 4-8-20 Payment of claims contracted in one year from subsequent year's funds
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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).
SDCL § 4-8-21.1 Lapse of bonding authorization after four years unless necessary to complete project contracted in writing--Exceptions
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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 ava…
SDCL § 4-8-22 Period of availability of maintenance and repair appropriations--Reversion--Availability of encumbered amounts
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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 contrac…
SDCL § 4-8-23 Repealed by SL 2010, ch 28 , § 1
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4-8-24 Unauthorized payment or obligation as misdemeanor--Revenue anticipation warrants and school fund distribution excepted. 4-8-25 Retention of appropriation balance to pay outstanding liabilities of terminated budget unit--Reversion to general fund after one year. 4-8-26 Appr…
SDCL § 4-8-24 Unauthorized payment or obligation as misdemeanor--Revenue anticipation warrants and school fund distribution excepted
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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 dra…
SDCL § 4-8-25 Retention of appropriation balance to pay outstanding liabilities of terminated budget unit--Reversion to general fund after one year
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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…
SDCL § 4-8-26 Appropriation of money deposited in treasury in trust or requiring refund
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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.
SDCL § 4-8-27 Promulgation of rules for temporary draw of money between funds
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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.
SDCL § 4-8-28 Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall
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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 Gover…
SDCL § 4-8-3 Expenses in excess of appropriations prohibited--Misdemeanor
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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, instit…
SDCL § 4-8-4 Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor
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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 ap…
SDCL § 4-8-5 SDCL 4-8-5
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Repealed by SL 1980, ch 24 , § 59.
SDCL § 4-8-6 SDCL 4-8-6
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Repealed by SL 1983, ch 29 , § 1.
SDCL § 4-8-7 Anticipation of appropriations in extreme emergency
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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 incur…