16 chapters · 326 sections in this title.
SDCL § 4-3-6 Repealed by SL 1975, ch 43 , § 3
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4-3-6.1 , 4-3-6.2. Repealed by SL 1996, ch 5 , §§ 6, 7.
SDCL § 4-3-7 SDCL 4-3-7
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Repealed by SL 1980, ch 26 , § 18.
SDCL § 4-3-8 SDCL 4-3-8
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Repealed by SL 1984, ch 30 , § 22.
SDCL § 4-3-9 Failure of state officer or employee to pay receipts into treasury as theft
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Any salaried state officer or employee who shall fail or refuse to pay into the state treasury any and all money, emoluments, fees, perquisites, or other property received by him for the performance of any duty or duties connected with his office or in any manner paid to him as s…
Neither the state treasurer nor the state auditor may be a signatory on any local account
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Any agency holding state funds in any local bank account shall provide a quarterly statement of activity in that account to the state treasurer and the state auditor. Source: SL 1966, ch 188 , § 3; SL 2002, ch 25 , § 1.
SDCL § 4-4-1 Purpose of chapter
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The purpose of this chapter is to provide for effective legislative and executive control over all state public funds, and to simplify the basis upon which the state's fund accounting records shall be maintained and reported. Source: SL 1966, ch 188 , § 1.
SDCL § 4-4-2 State public funds defined
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The term, state public funds, means cash, checks, bills, notes, drafts, stocks, bonds, and all similar mediums of exchange which are received or disbursed under law, including rules, by a department, institution, commission, any other agency of state government, or any entity cre…
SDCL § 4-4-3.1 Local drug buy accounts
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The state treasurer and state auditor shall approve local drug buy accounts at the request of the attorney general. Source: SL 2002, ch 25 , § 3.
SDCL § 4-4-4.1 SDCL 4-4-4.1
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Repealed by SL 2001, ch 23 , § 2.
SDCL § 4-4-4.2 SDCL 4-4-4.2
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Repealed by SL 1986, ch 41 .
SDCL § 4-4-4.4 Insurance operating fund--Excess balance transfer
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At the end of each fiscal quarter, the treasurer shall transfer any cash balance in excess of two hundred thousand dollars from the insurance operating fund to the general fund. Source: SL 1989, ch 48 , § 2; SL 1995, ch 26 ; SL 2025, ch 31 , § 2.
SDCL § 4-4-4.5 Boiler inspection fund established--Permitted expenditures
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There shall be established within the state treasury the boiler inspection fund, into which shall be deposited all boiler inspection fees received by the Department of Public Safety. All moneys in the fund created by this section shall be budgeted and expended in accordance with …
SDCL § 4-4-4.6 Transfer of excess funds at end of fiscal year
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At the end of the fiscal year the treasurer shall transfer any cash balance in excess of one hundred thousand dollars from the boiler inspection fund to the general fund. Source: SL 1989, ch 48 , § 6; SL 2021, ch 155 , § 2.
SDCL § 4-4-5 Treasury accounts in lieu of funds--Modification to conform to uniform accounting system
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The commissioner of finance and management may authorize and direct the state auditor and state treasurer to account for funds in the state treasury as separate accounts in lieu of funds, and the fund structure may be modified to conform to a uniform state accounting system. Sour…
SDCL § 4-4-6 Annual financial statements
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The Bureau of Finance and Management shall annually prepare financial statements for the State of South Dakota. The financial statements shall be prepared in accordance with generally accepted accounting principles. Source: SL 1987, ch 43 ; SL 2001, ch 23 , § 3.
SDCL § 4-4-7 Deposit of indirect cost reimbursements from the federal government--Exemption
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Indirect cost reimbursements received from the federal government shall be deposited in the fund that incurred the indirect costs. Funds of the Board of Regents are exempt from this requirement. Source: SL 2005, ch 37 , § 1.
SDCL § 4-4-8 Transfer of funds received from federal government as indirect cost reimbursements to fund that incurred expenditures--Exemption
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The state treasurer shall transfer that portion of cash balances in federal funds that have accumulated in each fund over two hundred fifty thousand dollars as of June thirtieth due to indirect cost reimbursements received from the federal government to those funds that incurred …
SDCL § 4-5-1 State treasurer not to profit from use of funds--Felony--Civil liability
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The making of profit, directly or indirectly, by the state treasurer, out of any money in the state treasury belonging to the state, with the custody of which the state treasurer is charged, by loaning or otherwise using it, or the removal by the state treasurer, or by his consen…
SDCL § 4-5-10 Application for redemption of securities
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The governing bodies of such counties, municipalities, townships, and school districts shall, either at the time of purchase or at any other time, direct the time and manner of making application for redemption of such securities. Source: SL 1945, ch 359 , § 2; SDC Supp 1960, § 4…
SDCL § 4-5-11 Supplemental authority for investment of public funds
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Sections 4-5-5 to 4-5-10 , inclusive, are supplemental to any other laws relating to the investment, deposit, or administration of the public funds therein specified, and shall supersede the provisions thereof only to the extent that such other laws may restrict or prohibit inves…
SDCL § 4-5-12 State Investment Council continued
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The State Investment Council is hereby continued. Source: SL 1971, ch 27 , § 1; SL 1974, ch 38 , § 1.
SDCL § 4-5-12.1 Regulations and reports provided to state treasurer
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For the purposes of S.D. Const., Art. IV, § 8, the State Investment Council and Division of Investment are allocated to the Office of the State Treasurer for reporting purposes only. For the purposes of this section, reporting purposes shall mean that the State Investment Council…
SDCL § 4-5-13 Appointment and terms of investment council members
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The State Investment Council shall consist of eight voting members. Five members of the council shall be appointed by the Executive Board of the Legislative Research Council and the executive board may appoint persons holding public office, appointive or elective, provided that n…
SDCL § 4-5-14 4-5-15 Repealed by SL 1971, ch 23 , § 2
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4-5-16 Removal of council member from office--Filling of vacancies. 4-5-17 Election of chairman. 4-5-18 Division of investment continued--Immediate supervision. 4-5-18.1 Repealed by SL 1974, ch 38 , § 4. 4-5-19 Appointment of state investment officer--Removal--Qualifications. 4-5…
SDCL § 4-5-14.1 SDCL 4-5-14.1
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Exceptions to §
SDCL § 4-5-15 SDCL 4-5-15
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Repealed by SL 1971, ch 23 , § 2.
SDCL § 4-5-16 Removal of council member from office--Filling of vacancies
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A member of the State Investment Council appointed by the Executive Board of the Legislative Research Council may be removed from office by the Executive Board of the Legislative Research Council, for cause, upon notice and opportunity to be heard at a public hearing. Any vacancy…
SDCL § 4-5-17 Election of chairman
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The chairman and presiding officer of the State Investment Council shall be elected by majority vote of the council. Source: SL 1971, ch 27 , § 6.
SDCL § 4-5-18 Division of investment continued--Immediate supervision
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The division of investment is hereby continued, to conduct the daily operations of the State Investment Council and the division shall be under the immediate supervision and direction of a person who shall be designated the "state investment officer." Source: SL 1971, ch 27 , § 8…
SDCL § 4-5-18.1 SDCL 4-5-18.1
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Repealed by SL 1974, ch 38 , § 4.
SDCL § 4-5-19 Appointment of state investment officer--Removal--Qualifications
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The state investment officer shall be appointed by the State Investment Council upon a majority vote and shall serve without term, but he may be removed from office upon a majority vote of the State Investment Council. He shall be a person qualified, by training and investment ex…
SDCL § 4-5-2 Incidental funds established for state institutions--Initial warrant
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A permanent incidental fund is hereby established at each of the institutions under the control of the State Board of Regents and of the executive branch. To provide the money for such fund, the state auditor may issue and deliver a warrant not in excess of five thousand dollars …
SDCL § 4-5-20 Investment officer to devote full time--Salary
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The state investment officer shall devote his entire time and attention to the duties of his office, shall not be engaged in any other occupation or profession, nor shall he hold any other public office, appointive or elective. The salary of the state investment officer shall be …
SDCL § 4-5-21 State employees' blanket bond coverage--Premium
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Before the state investment officer, or other responsible employee of the Division of Investment shall enter upon his duties, he shall be included under the state employees' blanket bond, for an amount and for coverage as deemed best to protect the state's interest. The premium t…
SDCL § 4-5-22 Annual budget for division--Appointment of employees
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The state investment officer shall annually prepare a budget which shall be reviewed and approved by the State Investment Council and the Executive Board of the Legislative Research Council, prior to submission to the Bureau of Finance and Management. Subject to the appropriate r…
SDCL § 4-5-23 The Appropriations Committee of the Legislature, upon recommendations from the commissioner of finance and management, shall certify those funds which are to participate in the interest income of the pooled investments
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The state investment officer shall credit the gain or interest due as a result of investments made pursuant to § 4-5-29 on a pro rata basis to the participating funds in the same ratio as the average daily cash balance of each fund bears to the total average cash balance of all f…
SDCL § 4-5-24 SDCL 4-5-24
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Omitted.
SDCL § 4-5-25 Monthly reports to investment officer of state transactions
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It shall be the duty of the state treasurer and the state auditor to report monthly, or more often as determined by the state investment officer, to the state investment officer as to receipts, expenditures, and warrants paid, so that the state investment officer may be informed …
SDCL § 4-5-28 Policy regulations and restrictions formulated by council
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The State Investment Council shall formulate investment policy regulations pertaining to the kind or nature of investment of any of the moneys, and any restrictions upon the methods for investment, which shall govern the state investment officer. Source: SL 1971, ch 27 , § 17.
SDCL § 4-5-29 Investment officer authorized to make transactions--Duty to protect state interests
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Subject to any limitations, conditions, and restrictions contained in policy making regulations approved by the State Investment Council or contained in state law or the State Constitution, the state investment officer may make purchases, sales, exchanges, and investments, for or…
SDCL § 4-5-29.1 Health care trust fund--Investment officer to calculate amount eligible for distribution--Transfer to state general fund
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Pursuant to S.D. Const., Art. XII, § 5, the state investment officer shall determine the market value of the health care trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to §
SDCL § 4-5-29.3 Indemnity provision--Authorization
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Notwithstanding the provisions of § 3-21-13 , the state investment officer may include an indemnity provision in any contract, agreement, or court document related to an investment that involves custody, management, purchase, sale, exchange, or research if the state investment of…
SDCL § 4-5-3 Purposes for which institution incidental funds may be used
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Such permanent incidental fund shall be kept and used by the proper officer of the respective institutions, for the advanced payment of freight, express, periodicals, books, postage, gate money, all United States postal supplies and refund of tuition and student fees, utility bil…
SDCL § 4-5-30.1 Repealed by SL 2015, ch 37 , § 1, eff
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Mar. 13, 2015. 4-5-31 Physical custody of securities purchased--Deposit with fiscal agent. 4-5-32 Monthly report to investment council--Contents--Public inspection. 4-5-33 Meetings of investment council--Access to records--Inspection and review. 4-5-34 Proceedings to collect prin…
SDCL § 4-5-31 Physical custody of securities purchased--Deposit with fiscal agent
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All securities purchased shall be in the physical custody of the state treasurer who may, with the approval of the State Investment Council, deposit with a fiscal agent the securities as he shall consider advisable to be held in safekeeping by said agent for collection of princip…
SDCL § 4-5-32 Monthly report to investment council--Contents--Public inspection
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Not later than fifteen days after the close of each month, the state investment officer shall submit to the State Investment Council a report of the operations of the Division of Investments during the month. Each report shall include a detailed summary of investment, reinvestmen…
SDCL § 4-5-33 Meetings of investment council--Access to records--Inspection and review
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The State Investment Council shall meet at times as it shall deem necessary to carry out the provisions of §§ 4-5-12 to 4-5-39 , inclusive, but at least quarterly during the year, to consult with the state investment officer with respect to the work of the Division of Investment.…
SDCL § 4-5-34 Proceedings to collect principal or interest on investments--Refunding of securities held
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In the event of default in the payment of principal of, or interest on, any investment made, the investment council is authorized to institute the proper proceedings to collect the matured principal or interest and may accept for exchange purposes refunding bonds or other evidenc…
SDCL § 4-5-35 Post - audit of investment transactions--Annual report of auditor - general
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The state auditor - general shall be responsible for conducting a continuous post - audit of the investment transactions of the state, and shall submit annually a special report on his findings to the State Investment Council and to the appropriate legislative committee. Source: …
SDCL § 4-5-36 Reports to Legislature by investment council
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On or before February first of each year, and at other times as it may deem in the public interest, the State Investment Council shall report to the Legislature with respect to its review of the work of the Division of Investment. Source: SL 1971, ch 27 , § 26.