Title 4, PUBLIC FISCAL ADMINISTRATION

The State Board of Finance shall consist of the Governor, state treasurer, secretary of state, state auditor, attorney general, commissioner of school and public lands, commissioner of finance and management, and commissioner of human resources and administration, any five of who…

A record of the proceedings of the State Board of Finance shall be kept in the Office of the Secretary of State and be open at all times to public inspection. Such board shall meet on the third Tuesday of each month, or more frequently upon the request of the chairman or secretar…

The Board of Finance shall be administered under the direction and supervision of the secretary of state, but shall retain the quasi - judicial, quasi - legislative, advisory, other nonadministrative, and special budgetary functions (as defined in § 1-32-1 ) otherwise vested in i…

If any member of the Board of Finance determines himself disqualified from acting on any matter considered under the provisions of this chapter, he shall notify the board of his determination in writing. Upon receipt of the determination of disqualification, the remaining members…

The department of the state government known as the Department of Legislative Audit is hereby continued. It shall have a seal containing the words: "South Dakota Department of Legislative Audit." Source: SL 1943, ch 258 , § 1; SDC Supp 1960, § 55.2901; SL 1974, ch 37 , § 1.

The auditor - general and his assistants, examiners, or auditors shall be authorized to issue subpoenas for the attendance of witnesses and for the production of records in connection with any post - audit, investigation, or examination being conducted by any of them. They shall …

Failure to obey any subpoena or to permit access as provided in §§ 4-2-9 and 4-2-10 shall be punished the same as a contempt of court and compliance with the provisions of this chapter may be enforced and contempt punished as provided by chapter 21-34 . Source: SL 1943, ch 258 , …

Any taxing district which is not otherwise required by law to have an annual audit of its financial records conducted by the Department of Legislative Audit or by an auditor approved by the Department of Legislative Audit, shall file an annual report of the district's financial a…

The Department of Legislative Audit may cause an audit of the financial records of any taxing district required to submit an annual report by § 4-2-13 . Source: SL 1991, ch 38 , § 2.

The Department of Legislative Audit shall cause to be published in a legal newspaper designated as the official newspaper of the entity in this section and on the website maintained by the department, notice of the failure to submit a timely audit report to the department by a sc…

A school board, municipality, board, or district under § 4-2-15 that fails to submit a timely audit report to the department shall be subject to a penalty of ten dollars per day for each day of delinquency. Upon submission of an untimely audit report to the department by a school…

For purposes of §§ 4-2-15 and 4-2-16 , an audit is timely if the audit report is submitted to the Department of Legislative Audit not later than eighteen months following the end of the entity's fiscal year. If the entity is performing a two-year audit, the audit is timely if the…

The powers and duties of the Department of Legislative Audit shall be executed and performed by and under the direction of an auditor - general who shall be an experienced public accountant, and who shall be appointed to the Office of Auditor - General by a concurrent resolution …

The auditor - general shall qualify by taking and filing the oath and giving bond in the sum of ten thousand dollars, pursuant to chapters 3-1 and 3-5 . He shall be responsible to the Legislature for proper performance of the duties herein prescribed. He shall be responsible for …

The auditor - general's salary shall be set by the Executive Board of the Legislative Research Council. Source: SL 1943, ch 258 , § 2; SL 1951, ch 298 ; SL 1955, ch 224 ; SL 1957, ch 262 ; SL 1959, ch 312 ; SDC Supp 1960, § 55.2902; SL 1961, ch 260 ; SL 1966, ch 165 , § 1; SL 196…

The auditor - general may be removed at any time without assignment of cause by joint resolution or act of the Legislature. He shall not otherwise be subject to removal except that he may be suspended or be removed by a special proceeding in the circuit court for Hughes County, S…

The auditor - general shall appoint one or more persons qualified by special training and experience, as assistants and may employ such other examiners, auditors, and clerks as may be necessary to do the work of the Department of Legislative Audit, within the limits of existing a…

The auditor - general may employ additional personnel whose duties shall be to provide follow - up services, without cost, to all departments and agencies of the state and to all of its political subdivisions, including school districts, in order to facilitate the implementation …

The Executive Board of the Legislative Research Council is empowered to act on behalf of the Legislature in directing the activities of the auditor-general. Source: SL 1966, ch 165 , § 17; SL 2025, ch 19 , § 13.

The auditor - general and any of his assistants, examiners, auditors, clerks, or agents shall be entitled to access to any and all of the books, blanks, records, vouchers, cash, and property of each and every department, agency, institution, office, fund, or political subdivision…

Every public officer may in all cases require the person for whom any service is to be rendered to pay the fees in advance of the rendition of such service, or give security for the same, to be approved by the officer. Source: SL 1868-9, ch 6 , § 27; PolC 1877, ch 39, § 32; CL 18…

Any officer or employee failing to make and file the statement required in this chapter, or who shall make and file a false statement, or who shall violate any of the other provisions of this chapter shall be guilty of a Class 2 misdemeanor. Source: SL 1901, ch 127 , § 4; RPolC 1…

Unless authorized by statute, all state taxes, licenses, fees, and special taxes collected for or charges due the state from counties shall be received by the state remittance center on or before the fifteenth day of the month following the month that money is collected or follow…

All remittances not received from counties within the time provided by this chapter shall bear interest at the Category A rate of interest as established in § 54-3-16 from the first day of the month on which the remittance became due, and the interest shall be credited to the gen…

The state treasurer is authorized and directed to receive from the federal government or any agency thereof any federal funds which may be made available to any of the taxing subdivisions of this state as rentals upon or income from any lands acquired in this state by the federal…

Upon the receipt of any of the funds referred to in § 4-3-17 the state treasurer shall remit the same to the county treasurer of the county wherein is situated the land on behalf of which such payment is made, and the county treasurer shall then distribute such funds to the credi…

Every public officer, and every deputy or clerk of any such officer, and every other person receiving any moneys on behalf of or on account of this state, or of any bureau or fund created by law, and in which this state or the people thereof are directly or indirectly interested,…

No county or state officer for whose services a salary is provided by law shall receive any compensation for his services other than such salary. All fees received by him shall be paid into the county or state treasury, as the case may be, not later than the time set by § 7-9-17 …

Every public officer or person who otherwise, or in cases other than those specified in § 4-3-19 , intentionally disobeys any provision of law regulating his official conduct, and for which no other punishment is specifically provided, is guilty of a Class 2 misdemeanor. Source: …

To protect the public credit and enable the state to provide for current expenses, the state treasurer, with the advice and consent of the Governor and auditor, is authorized and directed, whenever he finds it necessary to do so in order to provide for the actual necessary curren…

The treasurer of the state is authorized, in his discretion, based upon estimates as to when uncollected revenues already assessed will be paid, to determine and express upon the face of the warrants issued pursuant to § 4-3-21 the date when such warrants and the interest thereon…

All money received from the negotiation of revenue warrants pursuant to § 4-3-21 shall be applied only to the payment of the necessary and actual current expenses of the state and outstanding registered state warrants. All money thereafter received or collected from or on account…

The state treasurer is authorized and directed to pay the interest due from time to time upon state revenue warrants out of the fund created for the payment of the annual interest upon the public debt, and to charge the items of interest so paid to such fund. Source: SL 1893, ch …

Sections 4-3-21 to 4-3-24 , inclusive, shall not be so construed as to in any way authorize the increase of the public debt. Source: SL 1895, ch 91 , § 2; SL 1895, ch 92 , § 1; SL 1895, ch 93 , § 1; RPolC 1903, § 2248; SL 1909, ch 120 ; RC 1919, § 6971; SL 1921, ch 397 ; SDC 1939…

The secretary of revenue may destroy all mutilated, unusable, and obsolete cigarette state revenue stamps. Source: SL 1949, ch 229 , §§ 1, 2; SDC Supp 1960, § 55.1410; SL 1984, ch 30 , § 1.

Notwithstanding any other provision of law, local government officials and employees may be permitted to use a credit card or electronic payment for the purchase of materials, supplies, equipment, or other authorized transactions for the benefit of the local government entity. Be…

Notwithstanding any other provision of law, the state and its political subdivisions may accept a credit card, a debit card, or an electronic payment as payment for a transaction. The state and its political subdivisions may assess and collect a fee in an amount sufficient to cov…

The State of South Dakota endowment fund may be established within the South Dakota Community Foundation. The purpose of the endowment fund is to provide a fund for any person who wishes to contribute to the endowment fund to further the excellent quality of life which is unique …

If any officer or employee of the state receives any money for the state by virtue of his office or employment, he shall enter the amount and the person from whom the money was received on a prenumbered receipt in duplicate. The receipts shall be prenumbered by the printer consec…

Upon request by any state department or agency, the Board of Finance may determine that an account is uncollectible and shall by formal action direct that the uncollectible amount be removed from the records and disclosed on the next annual report provided that the account is at …

All money, emoluments, and perquisites other than personal salary received by any officer or employee of this state shall be remitted to the state treasury by the end of the working day following the day money is received or as specified by the state treasurer. The state treasure…

Each officer or employee shall designate in writing, to be filed in the officer's or employee's office, the bank or banks in which are deposited the current receipts of the office or department. Any account showing any such deposit is an official account and shall be accessible t…

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…

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.

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…

All state public funds shall be received and maintained in the state treasury, and shall be disbursed only upon proper authorization by the state auditor and the state treasurer, unless the state treasurer and state auditor jointly determine a justification exists for maintaining…

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.

Any accounting system used by any state agency or any component unit of state government shall be designed to meet the financial accounting and reporting requirements of generally accepted accounting principles. Source: SL 1966, ch 188 , § 4; SL 1981, ch 27 , § 1; SL 1985, ch 33 …

There is established within the state treasury the insurance operating fund, into which must be deposited all fees received by the Division of Insurance. All moneys in the fund created by this section shall be budgeted and expended in accordance with the provisions of Title 4 on …

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.