{"parents":[{"StatuteId":2030062,"Type":"Title","Statute":"0N"},{"StatuteId":2030213,"Type":"Chapter","Statute":"12"}],"Previous":"11-15","Next":"12-1","StatuteId":2030213,"Statute":"0N-12","Type":"Chapter","CatchLine":"PUBLIC ACCOUNTS AND EXPENDITURES ","FilePath":null,"FileName":null,"Htmlpath":null,"Htmlfilename":null,"Title":0,"TitleLetter":"N","Chapter":12,"ChapterLetter":null,"Section":0,"SubSec":0,"SubSection":null,"Word":null,"Html":" \r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-12 PUBLIC ACCOUNTS AND EXPENDITURES \r\n\r\n\r\n\r\n
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\r\nARTICLE XII\r\n\r\n
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\r\nPUBLIC ACCOUNTS AND EXPENDITURES\r\n\r\n
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\r\n\r\n\r\n 1.\r\n    \r\nAppropriation and warrant required for payment from treasury.\r\n\r\n
\r\n\r\n\r\n 2.\r\n    \r\nContents of general appropriation bill--Separate appropriation bills.\r\n\r\n
\r\n\r\n\r\n 3.\r\n    \r\nExtra compensation prohibited--Unauthorized contracts--Change in compensation\r\nof officers--Appropriations for defense of state.\r\n\r\n
\r\n\r\n\r\n 4.\r\n    \r\nAnnual statement required.\r\n\r\n
\r\n\r\n\r\n 5.\r\n    \r\nHealth care trust fund established--Investment--Appropriations.\r\n\r\n
\r\n\r\n\r\n 6.\r\n    \r\nEducation enhancement trust fund established--Investment--Appropriations.\r\n\r\n
\r\n\r\n\r\n 7.\r\n    \r\nBalanced budget.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-12-1 Appropriation and warrant required for payment from treasury. \r\n\r\n\r\n\r\n
\r\n\r\n\r\n\r\n\r\n\r\n\r\n    \r\n§ 1.\r\n \r\n\r\n\r\nAppropriation and warrant required for payment from treasury.\r\n \r\nNo money shall be\r\npaid out of the treasury except upon appropriation by law and on warrant drawn by the proper\r\nofficer.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-12-2 Contents of general appropriation bill--Separate appropriation bills. \r\n\r\n\r\n\r\n
\r\n\r\n\r\n\r\n\r\n\r\n\r\n    \r\n§ 2.\r\n \r\n\r\n\r\nContents of general appropriation bill--Separate appropriation bills.\r\n \r\nThe general\r\nappropriation bill shall embrace nothing but appropriations for ordinary expenses of the\r\nexecutive, legislative and judicial departments of the state, the current expenses of state\r\ninstitutions, interest on the public debt, and for common schools. All other appropriations shall\r\nbe made by separate bills, each embracing but one object, and shall require a two-thirds vote of\r\nall the members of each branch of the Legislature.

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§ 3. Extra compensation prohibited--Unauthorized contracts--Change in compensation of officers--Appropriations for defense of state. The Legislature shall never grant any extra compensation to any public officer, employee, agent or contractor after the services shall have been rendered or the contract entered into, nor authorize the payment of any claims or part thereof created against the state, under any agreement or contract made without express authority of law, and all such unauthorized agreements or contracts shall be null and void; nor shall the compensation of any public officer be increased or diminished during his term of office: provided, however, that the Legislature may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion.

History: Amendment proposed by SL 2023, ch 2, § 18, rejected Nov. 5, 2024.


§ 4. Annual statement required. An itemized statement of all receipts and expenditures of the public moneys shall be published annually in such manner as the Legislature shall provide, and such statement shall be submitted to the Legislature at the beginning of each regular session by the Governor with his message.

History: Amendment proposed by SL 2023, ch 2, § 19, rejected Nov. 5, 2024.


\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-12-5 Health care trust fund established--Investment--Appropriations. \r\n\r\n\r\n\r\n
\r\n\r\n\r\n\r\n\r\n\r\n\r\n    \r\n§ 5.\r\n \r\n\r\n\r\nHealth care trust fund established--Investment--Appropriations.\r\n \r\nThere is hereby\r\ncreated in the state treasury a trust fund named the health care trust fund. The state treasurer shall\r\ndeposit into the health care trust fund any funds on deposit in the intergovernmental transfer fund\r\nas of July 1, 2001, and thereafter any funds appropriated to the health care trust fund as provided\r\nby law. The South Dakota Investment Council or its successor shall invest the health care trust\r\nfund in stocks, bonds, mutual funds, and other financial instruments as provided by law.\r\nBeginning in fiscal year 2003, and each year thereafter, the state treasurer shall make a\r\ndistribution from the health care trust fund into the state general fund to be appropriated by law\r\nfor health care related programs. The calculation of the distribution shall be defined by law and\r\nmay promote growth of the fund and a steadily growing distribution amount. The health care\r\ntrust fund may not be diverted for other purposes nor may the principal be invaded unless\r\nappropriated by a three-fourths vote of all the members-elect of each house of the Legislature.
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\r\n\r\n\r\n History: Section proposed by SL 2001, ch 1, approved April 10, 2001.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-12-6 Education enhancement trust fund established--Investment--Appropriations. \r\n\r\n\r\n\r\n
\r\n\r\n\r\n\r\n\r\n\r\n\r\n    \r\n§ 6.\r\n \r\n\r\n\r\nEducation enhancement trust fund established--Investment--Appropriations.\r\n \r\nThere is\r\nhereby created in the state treasury a trust fund named the education enhancement trust fund. The\r\nstate treasurer shall deposit into the education enhancement trust fund any funds received as of\r\nJuly 1, 2001, and funds received thereafter by the state pursuant to the Master Settlement\r\nAgreement entered into on November 23, 1998, by the State of South Dakota and major United\r\nStates tobacco product manufacturers or the net proceeds of any sale or securitization of rights to\r\nreceive payments pursuant to the Master Settlement Agreement, any funds in the youth-at-risk\r\ntrust fund as of July 1, 2001, and thereafter any funds appropriated to the education enhancement\r\ntrust fund as provided by law. The South Dakota Investment Council or its successor shall invest\r\nthe education enhancement trust fund in stocks, bonds, mutual funds, and other financial\r\ninstruments as provided by law. Beginning in fiscal year 2003, and each year thereafter, the state\r\ntreasurer shall make a distribution from the education enhancement trust fund into the state\r\ngeneral fund to be appropriated by law for education enhancement programs. The calculation of\r\nthe distribution shall be defined by law and may promote growth of the fund and a steadily\r\ngrowing distribution amount. The education enhancement trust fund may not be diverted for\r\nother purposes nor may the principal be invaded unless appropriated by a three-fourths vote of all\r\nthe members-elect of each house of the Legislature.
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\r\n\r\n\r\n History: Section proposed by SL 2001, ch 1, approved April 10, 2001.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-12-7 Balanced budget. \r\n\r\n\r\n\r\n
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\r\n    \r\n§ 7.\r\n \r\n\r\n\r\nBalanced budget.\r\n \r\nThe Governor shall propose a budget in which expenditures or\r\nappropriations may not exceed anticipated revenue and existing funds available for expenditure or\r\nappropriation. Appropriations by the Legislature may not exceed anticipated revenue and existing\r\nfunds available for expenditure or appropriation. Nothing in this section is intended to limit, restrict,\r\nexpand, modify, or otherwise affect any other provision of this Constitution, including Article XIII.
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\r\n\r\n\r\n History: Amendment proposed by SL 2012, ch 267, § 2 approved Nov. 6, 2012.\r\n\r\n

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