§ 54-16-03 — Unlawful to expend more than appropriated - Deficit void - Submission of petition to emergency commission

petition to emergency commission.
1. A state officer may not expend, or agree or contract to expend, any amount in excess
of the sum appropriated for that expenditure, and may not expend an amount
appropriated for any specific purpose or fund or for any other purpose without prior
approval in the form of a transfer approval as provided in this chapter.
2. When an emergency exists, a state officer may submit to the secretary of the
emergency commission an itemized petition requesting approval to:
a. Transfer money and spending authority between funds or line items pursuant to
section 54-16-04;
b. Accept special funds or federal funds pursuant to section 54-16-04.1;
c. Transfer appropriation authority from the state contingencies appropriation
pursuant to section 54-16-09; or
d. Recommend full-time equivalent positions pursuant to section 54-16-04.3.
3. The secretary of the emergency commission shall provide a copy of each petition
submitted under this section to the office of management and budget and legislative
council. The office of management and budget may provide an analysis and
prioritization of emergency requests to the emergency commission.

4. Any petition to the emergency commission by a state officer must be considered by the
emergency commission. A petition under this section must be approved or
recommended by the emergency commission before submission for consideration by
the budget section.
5. Any debt or deficit created by a state officer in violation of this section is void.