CHAPTER 4-8A

INTERIM TRANSFERS AND APPROPRIATIONS

4-8A-1    Definition of terms.

4-8A-2    Special interim committee created--Approval and removal of members.

4-8A-3    Powers and duties of special committee.

4-8A-4    Meetings of special committee--Quorum.

4-8A-5    Classification and coding of general appropriation amounts.

4-8A-6    Use of general appropriation amounts for specific purposes only--Auditor to issue warrants.

4-8A-7    Allocation of general appropriations to Bureau of Human Resources and Administration or institutions--Transfer documents--Adjustment of records.

4-8A-8    Transfers of general appropriations between programs, departments, and bureaus--Record of transfers.

4-8A-9    Contingency fund requests--Governor's recommendation to special committee.

4-8A-10    Notice to special committee members of request for contingency funds.

4-8A-11    Vote of committee required for release of contingency funds--Change in Governor's recommended amount--Transfer of funds.

4-8A-12    Transfer of contingency funds.

4-8A-13    Repealed by SL 1999, ch 97, § 3.

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-15    4-8A-15. Repealed by SL 2011, ch 27, § 2, eff. June 28, 2011.

4-8A-16    Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall.

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

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.

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.

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.

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.

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.

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.

4-8A-7. Allocation of general appropriations to Bureau of Human Resources and 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 Human Resources and 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; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

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.

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.

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.

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.

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.

4-8A-13. Repealed by SL 1999, ch 97, § 3.

4-8A-14. Expired on June 30, 2016, pursuant to SL 2009, ch 23, § 3, as amended by SL 2011, ch 27, § 3 .