South Dakota 2025 Regular Session

South Dakota House Bill HB1206 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.640.10 100th Legislative Session 1206
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4	4	2025 South Dakota Legislature
5	5	House Bill 1206
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12	12	Introduced by: Representative Auch
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to revise provisions on interim transfers and appropriations. 1
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18	18	Section 1. That § 4-8A-1 be AMENDED: 3
19	19	4-8A-1. Terms as used in this chapter, unless the context otherwise requires, 4
20	20	mean: 5
21	21	(1) "Agency," a principal functional and administrative entity, including each 6
22	22	department of state government and bureau, as designated in the general 7
23	23	appropriation bill; 8
24	24	(2) "Budget unit," a unit of government contained within an agency, including each 9
25	25	institution, for which separate appropriations in the general appropriation bill are 10
26	26	made; 11
27	27	(3) "Fund source," general fund, federal fund, or other fund expenditure authority 12
28	28	appropriated in the general appropriation bill; 13
29	29	(4) "General appropriation act bill," the bill enacted by the Legislature in accordance 14
30	30	with the provisions of S.D. Const., Art. XII, § 2, requiring a majority vote of all the 15
31	31	members of each house of the Legislature; 16
32	32	(2)(5) "General contingency funds," appropriated funds for expenditures arising from or 17
33	33	subject to unforeseen conditions of a department's or institution's an agency's 18
34	34	operations for which a general fund appropriation has not been provided and which 19
35	35	are deemed by the Governor and the special committee to be in the interest of the 20
36	36	state and its agencies or institutions; 21
37	37	(3) "Maintenance and repair," expenditures authorized for contractual services for 22
38	38	repairs, alterations and additions to physical plant and expenditures for supplies 23
39	39	and materials purchased by a state institution or agency to be used in the repair, 24
40	40	alteration or additions to physical plant, where the same are to be repaired or 25
41	41	altered by the use of institution or agency employees, and expenditures for 26 25.640.10 2 1206
42	42	Underscores indicate new language.
43	43	Overstrikes indicate deleted language.
44	44	replacement of equipment, the primary use of which is for repair and alteration of 1
45	45	physical plant; 2
46	46	(4)(6) "Program," major services rendered by a department an agency for a single 3
47	47	identifiable purpose as appropriated within a department an agency budget; and 4
48	48	(5)(7) "Special committee," the committee created by § 4-8A-2. 5
49	49	Section 2. That § 4-8A-3 be AMENDED: 6
50	50	4-8A-3. The special committee shall serve to release sums of money moneys from 7
51	51	any general contingency funds appropriated for contingent purposes by the general 8
52	52	appropriation act bill or any special act appropriation. The special committee shall also 9
53	53	serve to continually review, evaluate, and coordinate state fiscal and budgetary policy, 10
54	54	including, but not limited to, the adoption of any new programs by any department of 11
55	55	state government agency, and shall also carry out any assignments made by the Executive 12
56	56	Board of the Legislative Research Council. 13
57	57	The committee may hold public hearings to review the budget report submitted by 14
58	58	the Governor and the long-term capital improvements budget as required in § 4-7-19. 15
59	59	The committee may summon and examine witnesses. 16
60	60	Section 3. That § 4-8A-5 be AMENDED: 17
61	61	4-8A-5. The appropriation amounts appropriations authorized as a result of by the 18
62	62	general appropriation act shall bill must be classified and coded for budgetary accounting 19
63	63	purposes in accordance with the provisions of chapter 4-7. 20
64	64	Section 4. That § 4-8A-6 be AMENDED: 21
65	65	4-8A-6. All amounts appropriated by appropriations in the general appropriation 22
66	66	act shall bill may be used only for the specific purposes therein provided and no other. 23
67	67	The state auditor shall issue warrants on itemized and approved vouchers filed in his office, 24
68	68	but no warrants shall may be issued to or on behalf of any person , department, or 25
69	69	institution or agency, on any fund in excess of the appropriation specifically made in the 26
70	70	general appropriation act, bill, except as provided by the provisions of this chapter, a 27
71	71	special act of the Legislature making a specific appropriation bill, an internal service fund 28
72	72	created by the Legislature, or a continuing continuous appropriation from state revenues 29
73	73	created by the Legislature. 30
74	74	Section 5. That § 4-8A-8 be AMENDED: 31 25.640.10 3 1206
75	75	Underscores indicate new language.
76	76	Overstrikes indicate deleted language.
77	77	4-8A-8. Moneys appropriated on a program basis by the General Appropriation Act 1
78	78	may be transferred between program accounts within or between programs within 2
79	79	departments and bureaus or between departments and bureaus to reflect a reorganization 3
80	80	pursuant to Article IV, section 8 of the South Dakota Constitution only at the written 4
81	81	request of a governing body, department secretary, or bureau commissioner, or designee, 5
82	82	in accordance with procedures established by the Bureau of Finance and Management and 6
83	83	only upon written approval of the Bureau of Finance and Management. Transfer of moneys 7
84	84	appropriated by the General Appropriations Act between departments, institutions, and 8
85	85	bureaus that is not necessary for a reorganization pursuant to Article IV, section 8 of the 9
86	86	South Dakota Constitution may only occur at the written request of a governing body, 10
87	87	department secretary, or bureau commissioner, or designee, only in accordance with 11
88	88	procedures established by the Bureau of Finance and Management and only upon approval 12
89	89	by the special committee created in this chapter.An agency may transfer appropriations 13
90	90	made in the general appropriation bill, on a one-time basis, within each budget unit using 14
91	91	the same fund source, in accordance with procedures established by the Bureau of Finance 15
92	92	and Management and only upon written approval of the bureau. Transfer of appropriations 16
93	93	between budget units or between fund sources must be approved by the special 17
94	94	committee. Agencies may not transfer appropriations on a permanent basis except to 18
95	95	make pool distributions as approved by the special committee or to reflect a reorganization 19
96	96	pursuant to S.D. Const., Art. IV, § 8. 20
97	97	The Bureau of Finance and Management shall keep a record of all such 21
98	98	authorizations approvals of transfers and make them available for public inspection. 22
99	99	Immediately after the transfer of moneys authorized by this section is approved, the 23
100	100	bureau shall transmit an authorization notice to the special legislative committee 24
101	101	established in § 4-8A-2 and its designees. At least ten days prior to approving any transfer 25
102	102	authorized by this section, the bureau shall transmit a notice to transfer appropriations to 26
103	103	the special committee and its designees. 27
104	104	Section 6. That § 4-8A-9 be AMENDED: 28
105	105	4-8A-9. All requests by state departments and institutions an agency for moneys 29
106	106	from any general contingency funds appropriated by in the general appropriation act bill 30
107	107	or any special act appropriation must be submitted in writing to the Governor, the Bureau 31
108	108	of Finance and Management, and the chairman or chairmen chair or chairs of the special 32
109	109	committee, setting forth clearly the proposed usage and necessity for such funds the 33
110	110	moneys. If the Governor deems any such the request to be in the public interest and of 34 25.640.10 4 1206
111	111	Underscores indicate new language.
112	112	Overstrikes indicate deleted language.
113	113	sufficient necessity, the Governor shall must submit a recommendation to the special 1
114	114	committee, for its consideration and disposition. 2
115	115	Section 7. That § 4-8A-10 be AMENDED: 3
116	116	4-8A-10. Whenever it shall be deemed the Governor deems it necessary for the 4
117	117	special committee to consider, pass upon, and release general contingency funds for 5
118	118	emergency purposes or as supplements to the budgets for the ordinary expenses of state 6
119	119	departments and institutions agencies, the Governor shall give due and reasonable notice 7
120	120	to the members of the special committee. 8
121	121	Section 8. That § 4-8A-11 be AMENDED: 9
122	122	4-8A-11. No action shall may be taken on release of moneys from any general 10
123	123	contingency funds except by majority vote of the entire special committee membership. 11
124	124	The special committee by majority vote of the entire membership may reduce or increase 12
125	125	the dollar amount recommended by the Governor. The Upon the approval of the special 13
126	126	committee, the Bureau of Finance and Management shall initiate the transfer of such funds 14
127	127	the moneys to the proper department agency fund. 15
128	128	Section 9. That § 4-8A-12 be AMENDED: 16
129	129	4-8A-12. Notwithstanding the provisions of § 4-8A-8, the Executive Board of the 17
130	130	Legislative Research Council may, by majority vote of the board, transfer money moneys 18
131	131	appropriated to a legislative department contingency program line item in the general 19
132	132	appropriations act appropriation bill to other program line items within the legislative 20
133	133	department upon written request of the division headsDirector of the Legislative Research 21
134	134	Council. The Legislative Research Council shall keep a record of all such the authorizations 22
135	135	of transfers and make them available to the public. 23
136	136	Section 10. That § 4-8A-16 be AMENDED: 24
137	137	4-8A-16. The Bureau of Finance and Management and the Legislative Research 25
138	138	Council shall prepare and submit, no later than July thirtieth of each year, independent 26
139	139	projections that conform with the provisions of subdivisions 4-7-10(2) and (5) to the 27
140	140	Governor or the Governor's designee and the committee created by this chapter special 28
141	141	committee. Notwithstanding the provisions of subdivisions 4-7-10(2) and (5), the 29 25.640.10 5 1206
142	142	Underscores indicate new language.
143	143	Overstrikes indicate deleted language.
144	144	projections shall must contain information of the actual revenue for each of the two fiscal 1
145	145	years last concluded and the estimated revenue of the current fiscal year. 2
146	146	If either of the estimates provided in this section project a budget shortfall in 3
147	147	excess of two and one-half percent of the general fund appropriated budget in the current 4
148	148	fiscal year, the Bureau of Finance and Management and the Legislative Research Council 5
149	149	shall must propose measures to the Governor and the special committee created in 6
150	150	chapter 4-8A for eliminating the shortfall. If either of the estimates provided in this section 7
151	151	project a budget shortfall in the current or next fiscal year of five percent or greater of the 8
152	152	general fund appropriated budget, the Governor shall must propose measures to eliminate 9
153	153	the shortfall consistent with S.D. Const., Art. 12 XII, § 7. 10
154	154	Section 11. That § 4-8A-7 be REPEALED. 11
155	155	Any moneys appropriated in the general appropriation act to the Board of Regents, 12
156	156	or the executive branch for operations, maintenance, and repair, and contingency for 13
157	157	institutions and programs under their jurisdiction shall be allocated by the board or 14
158	158	department heads to the Bureau of Human Resources and Administration or to the 15
159	159	expenditure accounts of the institutions to which an allocation of funds is made. Such 16
160	160	transfer documents shall be approved by the Bureau of Finance and Management. 17