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HB 1124 restrict the transfer of certain appropriated...

State of South Dakota  
SEVENTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY,  2002
 

415H0566  
HOUSE BILL   NO.     1124  

        Introduced by: Representatives Brown (Richard), Elliott, Flowers, Murschel, Olson (Mel), and Sutton (Duane) and Senators Hutmacher, Albers, McIntyre, Moore, Olson (Ed), and Sutton (Dan)  


         FOR AN ACT ENTITLED, An Act to  restrict the transfer of certain appropriated money and to provide for the distribution of certain appropriated money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 4-8A-8 be amended to read as follows:
     4-8A-8.   Moneys Except as otherwise provided by this Act, moneys appropriated on a program basis by the general appropriation act may be transferred between program accounts within or between programs within departments and bureaus or between departments and bureaus to reflect a reorganization pursuant to S.D. Const., Art. IV, §  8 only at the written request of a governing body, department secretary, or bureau commissioner, or designee, in accordance with procedures established by the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management. Transfer of moneys appropriated by the general appropriations act between departments, institutions, and bureaus that is not necessary for a reorganization pursuant to S.D. Const., Art. IV, §  8 may only occur at the written request of a governing body, department secretary, or bureau commissioner, or

designee, only in accordance with procedures established by the Bureau of Finance and Management and only upon approval by the special committee created in this chapter. The Bureau of Finance and Management shall keep a record of all such authorizations of transfers and make them available for public inspection. The bureau shall also submit an informational report detailing all transfers approved to the special legislative committee established in §  4-8A-2.
     Section  2.  That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

     Money appropriated as state aid to general education may not be transferred to other program accounts. Money appropriated as state aid to general education may be spent only for general aid to public school districts.
     Section  3.  That chapter 4-8 be amended by adding thereto a NEW SECTION to read as follows:
     If the amount of money appropriated as state aid to general education is in excess of the amount required to meet the entitlement provided for in chapter 13-13, at such time the excess is determined the Department of Education and Cultural Affairs shall distribute the excess to all school districts on a pro rata basis according to each school district's average daily membership as defined in §  13-13-10.1.