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HB 1285 clarify the purposes for which funds in the South...

State of South Dakota  
SEVENTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY,  2001
 

400E0732  
HOUSE ENGROSSED   NO. HB 1285   -   02/15/2001  

        Introduced by: Representatives Hansen (Tom), Adelstein, Begalka, Broderick, Brown (Jarvis), Derby, Duenwald, Duniphan, Frost, Fryslie, Heineman, Hennies (Don), Hunhoff, Jaspers, Juhnke, Koistinen, Konold, Murschel, Peterson (Bill), Pitts, Pummel, Slaughter, Smidt, Teupel, Van Gerpen, and Wick and Senators Greenfield, Albers, Bogue, Brown (Arnold), Drake, Everist, McCracken, and Vitter  


         FOR AN ACT ENTITLED, An Act to  make distributions from the South Dakota-bred racing fund and the special racing revolving fund and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  The state treasurer shall transfer to the general fund three hundred fifty thousand dollars ($350,000) from the South Dakota-bred racing fund, and three hundred fifty thousand dollars ($350,000) from the special racing revolving fund. However, this distribution may only be made after the South Dakota Gaming Commission has dispersed four hundred thousand dollars ($400,000) to each of the nonprofit corporations operating horse tracks located on county property in or near Fort Pierre and Aberdeen. This distribution shall occur within fifteen days of the effective date of this Act. Any distributions made since January 1, 2001, shall be considered part of the four hundred thousand dollars ($400,000) required to be distributed to each track. The Gaming Commission shall also distribute an additional four hundred thousand dollars ($400,000) to each of the nonprofit corporations operating the horse tracks in or near

Fort Pierre and Aberdeen by February 1, 2002, and again by February 1, 2003.
     Section  2.  That § 1-21-1.1 be amended to read as follows:
     1-21-1.1.   The State Fair Commission shall be administered under the direction and supervision of the Department of Agriculture and the secretary thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative and special budgetary functions (as defined in §  1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture.
     Section  3.  That § 1-21-13 be repealed.
     1-21-13.   The State Fair Commission shall account strictly for all money received in conduct of the state fair.
     Section  4.  That § 1-21-14 be amended to read as follows:
     1-21-14.   All sums received for admissions, concessions, and privileges, or for any purpose, by such the State Fair Commission, shall be placed in the custody of its secretary-treasurer and made a matter of record by him, and shall be paid out only upon vouchers approved by the commission or, at its discretion, the commission may authorize the secretary-treasurer to pay regular or routine claims. Disbursements of moneys shall be made by check signed by the president or vice-president, or commission member so authorized, and secretary-treasurer. Any surplus over three hundred thousand dollars remaining in the hands of the fair commission, after the payment of all reasonable and necessary claims, shall be deposited with the state treasurer by the State Fair Commission. Any other surplus remaining in the hands of the state fair shall be invested in securities authorized by §  4-5-6, in such bank or banks as may be designated by the State Fair Commission and all interest received on same shall be a part of the receipts of such State Fair Commission State Fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of

agriculture

.
     Section  5.  That § 1-21-15 be repealed.
     1-21-15.   All funds appropriated by the state for maintenance of the state fair and for buildings and improvements shall be paid out only upon itemized vouchers, duly verified and approved by the State Fair Commission and endorsed by the president of the commission and filed with the state auditor.
     Section  6.  That § 1-21-16 be repealed.
     1-21-16.   The State Fair Commission shall prepare an annual financial report for each calendar year and submit a copy to the Legislature.
     Section  7.  The Commission on Gaming on or about July 15, 2001, shall transfer one hundred twenty-five thousand dollars from the special racing revolving fund and one hundred twenty-five thousand dollars from the South Dakota-bred racing fund to the Department of Social Services to provide grants to qualifying contractors according to the provisions of § §  25-10-26 to 25-10- 33, inclusive.
     Section  8.  There is hereby appropriated the sum of two hundred fifty thousand dollars ($250,000), of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services for the expenditure of funds provided in section 1 of this Act.
     Section  9.  The secretary of social services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
     Section  10.  Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2002, shall revert in accordance with §  4-8-21.
     Section  11.  Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.