16 chapters · 326 sections in this title.
SDCL § 4-9-1 Auditor's warrant required for payments
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Money shall be paid from the state treasury only upon the auditor's warrant, which is defined to be an acceptable instrument of payment. Source: SL 1891, ch 113 , § 10; RPolC 1903, § 329; RC 1919, § 6942; SDC 1939, § 55.2314; SL 1984, ch 30 , § 3A; SL 1985, ch 33 , § 38; SL 1993,…
SDCL § 4-9-1.1 Rules for issuing warrants
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The state auditor shall adopt, pursuant to chapter 1-26 , rules governing the procedure for issuing state warrants and the disbursements for which warrants may and may not be issued. Source: SL 1975, ch 10 , § 1.
SDCL § 4-9-10 Apportionment of money due other public agencies--Warrant and notice of amount
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The apportionment of all money paid into the state treasury, any part of which is required by law to be paid to the several counties, to municipal corporations, or to Indian tribes, or any part of which is to be rebated in compliance with any intergovernmental agreement pursuant …
SDCL § 4-9-11 Payment of warrants by treasurer--Cancellation, recording, and registration
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The state treasurer shall pay warrants drawn by the state auditor in conformity with the provisions of this code, when there is money in the treasury appropriated for that purpose. After a warrant is paid he shall cause it to be indelibly canceled by perforating or stamping it wi…
SDCL § 4-9-12 Treasurer not to purchase warrants at discount nor to receive fees
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The state treasurer shall in no case purchase or receive any warrant payable at the state treasury, or any audited account, at a less value than is expressed therein; nor shall he receive any fee or reward, aside from his annual salary, for transacting any business connected with…
SDCL § 4-9-13 Treasurer's warrant register--Items shown
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The state treasurer shall provide himself with and keep a warrant register, which register shall show in a column arranged for that purpose the number, date, and amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name…
SDCL § 4-9-14 Registration and endorsement of warrants not paid for want of funds
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Whenever any warrant shall be presented to any such treasurer for payment and there shall be no funds in the treasury appropriated for that purpose, the treasurer shall enter such warrant in his warrant register for payment, in the order of presentation; and upon each warrant so …
SDCL § 4-9-15 Interest on warrants not paid for want of funds
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All state warrants shall draw interest after presentation for payment at the office of the state treasurer and endorsement by that officer as "not paid for want of funds," at a rate to be negotiated by the parties. Source: RPolC 1903, § 2247; SL 1909, ch 120 ; RC 1919, § 6970; SD…
SDCL § 4-9-16 Order of payment of warrants--Notice of sufficiency of funds to holders of registered warrants
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All warrants upon the state treasurer shall be paid out of the fund on which they were drawn in the order of their presentation. All registered state warrants shall be paid in the order of their registration, and it shall be the duty of every such treasurer, as soon as money suff…
SDCL § 4-9-17 Termination of funds in treasury--Retention of money to pay outstanding liabilities and warrants--Transfer of remaining balance after 180 days
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If a fund other than the general fund becomes nonexistent or is transferred to another fund by an act of the Legislature or by directive of any state department or institution, the commissioner of finance and management shall retain sufficient money within the fund to pay all out…
SDCL § 4-9-18 Cancellation of unclaimed warrants held by auditor
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The state auditor may cancel all state warrants remaining unclaimed in his office after the expiration of one hundred eighty days from the date of the issue thereof. Source: SL 1913, ch 360 ; RC 1919, § 6887; SDC 1939, § 55.2506; SL 1970, ch 31 , § 2; SL 1985, ch 33 , § 1; SL 198…
SDCL § 4-9-19 Period allowed for presentation of warrants to treasurer
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No warrant issued by the state auditor at any time before or after July 1, 1988, may be paid by the state treasurer unless such warrant shall be presented to the state treasurer within one hundred eighty days of the date on which the warrant was issued. Source: SL 1941, ch 327 , …
SDCL § 4-9-2 Accounts and claims presented to auditor for examination and adjustments--Institutional payrolls
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All accounts and claims against the state, which shall be by law directed to be paid out of the state treasury thereof, shall be presented to the state auditor, who shall examine and adjust the same; provided, however, that the Bureau of Finance and Management shall have authorit…
SDCL § 4-9-21 Replacement of lost and destroyed warrants and checks authorized
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If any warrant or check issued by the state or any of its political subdivisions is lost or destroyed, so that it cannot be presented for payment the state and its political subdivisions may issue a replacement warrant or check as set forth in §§ 4-9-22 to 4-9-27 , inclusive. Sou…
SDCL § 4-9-22 Application and affidavit for replacement of lost or destroyed warrant or check
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An application and affidavit shall be made to the issuing officer, containing information to identify the original warrant or check with a request that a replacement warrant or check be issued. If the applicant is not the payee of the warrant or check, or a bank, the application …
SDCL § 4-9-23 Addition of identifying information to application for replacement warrant or check
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The issuing officer shall place on the application provided for by § 4-9-22 sufficient information to show the original warrant or check number, date of issue, payee, and fund. Source: SL 1965, ch 243 , § 1 (4).
SDCL § 4-9-24 Stop order on lost or destroyed warrant or check--Issuance of replacement
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Upon approval of the application by the issuing officer, the issuing officer shall cause a stop - payment order to be filed with the drawee bank and he shall thereafter issue a warrant or check marked "REPLACEMENT OF NO. _ " and deliver the warrant or check to the applicant there…
SDCL § 4-9-25 State and political subdivisions relieved from liability on issuance of replacement warrant or check
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If a replacement warrant or check is issued under the provisions of § 4-9-24 , the original warrant or check is considered canceled, and the state or its political subdivisions are relieved from any liability for the payment thereof. In no case is either the state or its politica…
SDCL § 4-9-26 Discretion in issuance of duplicate warrant or check
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The issuing officer shall use his discretion in carrying out the provisions of §§ 4-9-21 to 4-9-25 , inclusive, as appears to him to be right and in accordance with justice, honesty, and circumstances. Source: SL 1965, ch 243 , § 1.
SDCL § 4-9-27 Cancellation of replacement warrant or check if not presented in time
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Any replacement warrant or check issued under the provisions of § 4-9-24 remaining unpaid after the expiration of one hundred eighty days from the date of the issue is considered canceled and state warrants are subject to the provisions of §§ 4-9-19 and
SDCL § 4-9-28 Payment of warrants not presented in time--Fund or account charged
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Notwithstanding the provisions for cancellation of state warrants as set forth in this chapter the state auditor shall direct the payment of any properly issued warrant to any person entitled to payment thereof within a period of four years from date of issue and may direct the p…
SDCL § 4-9-3 Administration of oaths and certification of accounts by auditor
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The state auditor or his deputy is authorized to administer oaths to claimants and witnesses in support of the justice of such accounts as may be exhibited to him for allowance, and to certify thereto. Source: SL 18 62-3 , ch 53, § 18; PolC 1877, ch 7, § 16; CL 1887, § 82; RPolC …
SDCL § 4-9-4 Declaration in lieu of verification or oath--Handwritten or electronic signature--False statement as perjury
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Wherever any law of this state requires a claim or account against the state or any political subdivision of the state to be verified or sworn to before an officer authorized to administer oaths, prior to presentation or payment, it is sufficient compliance with the law if the cl…
SDCL § 4-9-5 False instrument to obtain public funds as theft
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Any person or persons who shall knowingly obtain or attempt to obtain any public moneys or public funds from the State of South Dakota, or any of its political subdivisions, by means of or by use of any false affidavit or other instrument, where such affidavit or instrument is th…
SDCL § 4-9-6 Notice to attorney general and state's attorney of false affidavits to obtain money from treasury
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It shall be the duty of the state auditor upon receiving knowledge that any person has made any false affidavit to secure money from the state treasury, to forthwith notify the attorney general, and also the state's attorney of any county in which such oath was made, of such fact…
SDCL § 4-9-7 Refusal by auditor to issue improper warrant--Appeal to courts
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The state auditor may refuse to issue a warrant if he determines that such issue and payment is or would be illegal, unauthorized, or improper. From any decision of the state auditor rejecting a claim or stopping issue or payment of a warrant, any person aggrieved or interested m…
SDCL § 4-9-8 Issuance of warrants by auditor--Contents--Record of warrants
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The state auditor shall issue warrants payable at the state treasury which shall be numbered consecutively and each shall specify the date of the issue, and the name of the person to whom payable. The number, date of issue, and the name of the person to whom payable, of each warr…
SDCL § 4-9-9 Auditor's record of warrants issued--Contents--Intra - agency and inter - agency transactions
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The state auditor shall keep a record of the number of each warrant issued, the amount thereof, the date of its issue, and the name of the person to whom issued, and the fund on which such warrant is drawn. Intra - agency and inter - agency billing for goods provided and services…