South Dakota Codified Laws
Chapter 08 - Authority For State Expenditures
Section 4-8-4 - Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor.

4-8-4. Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor.
When the Legislature passes any law directing any officer, board, or commission to do anything which might legitimately come under his or its jurisdiction and control which requires the expenditure of money and which Legislature fails to provide the necessary funds therefor by appropriation or otherwise, it shall not be competent for such officer, board, or commission to use any other funds under his or its control appropriated for a specific purpose by which such fund shall be depleted, nor shall any funds appropriated by the Legislature for a specific purpose be used for any purpose other than that for which it was appropriated. A violation of this section is a Class 2 misdemeanor.

Source: SL 1923, ch 245; SDC 1939, §55.2201; SL 1980, ch 24, §58.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 4 - Public Fiscal Administration

Chapter 08 - Authority For State Expenditures

Section 4-8-1 - Expenditures to be authorized by appropriations based on budget.

Section 4-8-2 - Payments and obligations to be authorized by law--Liability to state for unauthorized payments.

Section 4-8-3 - Expenses in excess of appropriations prohibited--Misdemeanor.

Section 4-8-4 - Statutory direction of act without providing funds--Funds appropriated for specific purpose not to be used for another purpose--Misdemeanor.

Section 4-8-7 - Anticipation of appropriations in extreme emergency.

Section 4-8-10 - Apportionment of interest from dedicated institutional funds.

Section 4-8-12 - Disbursement of institutional funds.

Section 4-8-13 - Expenditure of anticipated institutional fund income.

Section 4-8-14 - Anticipation of revenue by borrowing from other funds.

Section 4-8-14.1 - Issuance of warrants on funds borrowed in anticipation of revenue.

Section 4-8-15 - Restoration of fund from which loan made--Treasurer's books to show status of funds.

Section 4-8-17 - Acceptance and disbursement of federal funds.

Section 4-8-17.1 - Budget and appropriation required for expenditures by Department of Transportation and Aeronautics Commission.

Section 4-8-18 - Capitol communications systems internal service fund--Apportionment of expenses.

Section 4-8-19 - Reversion of unencumbered appropriations at end of year--Period of availability of encumbered amounts.

Section 4-8-19.1 - Carry forward of funds received through American Recovery and Reinvestment Act or FAA Air Transportation Modernization and Safety Improvement Act.

Section 4-8-19.2 - Expired.

Section 4-8-20 - Payment of claims contracted in one year from subsequent year's funds.

Section 4-8-21 - Reversion of unencumbered special appropriations after four years--Period of availability of encumbered amounts.

Section 4-8-21.1 - Lapse of bonding authorization after four years unless necessary to complete project contracted in writing--Exceptions.

Section 4-8-22 - Period of availability of maintenance and repair appropriations--Reversion--Availability of encumbered amounts.

Section 4-8-24 - Unauthorized payment or obligation as misdemeanor--Revenue anticipation warrants and school fund distribution excepted.

Section 4-8-25 - Retention of appropriation balance to pay outstanding liabilities of terminated budget unit--Reversion to general fund after one year.

Section 4-8-26 - Appropriation of money deposited in treasury in trust or requiring refund.

Section 4-8-27 - Promulgation of rules for temporary draw of money between funds.

Section 4-8-28 - Submission of independent projections by Bureau of Finance and Management and Legislative Research Council--Proposals for eliminating shortfall.