HB 1251 — create the community-based providers methodology supplement fund, create the target teacher salary supplement fund, and provide for the transfer of certain unobligated cash balances to the fund.

1251C26.437.23 101st Legislative Session 1251 South Dakota Legislature House Bill 1251 AMENDMENT 1251C FOR THE INTRODUCED BILL Introduced by:

Representative Mulder ThisAn billAct hasto beencreate extensivelythe amendedcommunity-based (hoghoused)providers andmethodology maysupplement nofund, longercreate bethe consistenttarget withteacher thesalary originalsupplement intentionfund, and provide for the transfer of certain unobligated cash balances to the sponsor.fund.

An Act to create the community-based providers methodology supplement fund, create the target teacher salary supplement fund, and provide for the transfer of certain unobligated cash balances to the funds.

That § 4-7-31 be AMENDED:

4-7-31.

There is hereby established within the state treasury the budget reserve fund.

Expenditures from the fund may occur only by special appropriation of the Legislature and may redress only unforeseen expenditure obligations or unforeseen revenue shortfalls, as may constitute an emergency pursuant to S.D.

Const., Art.

III, § 1.

Section 2.

That § 4-7-32 be AMENDED:

4-7-32.

The transfer of all prior year unobligated cash must occur in accordance with this section:

(1) On July first of each fiscal year or at such the time that the prior fiscal year general fund ending unobligated cash balance is determined, the commissioner of the Bureau of Finance and Management shall transfer all prior year unobligated cash, up to an amount equal to equaling ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year, into the budget reserve fund.

In no event shall the The cash balance in the budget reserve fund be greater than may not exceed ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year.

Expenditures out of the budget reserve fund shall only be by special appropriation of the Legislature and shall only redress such unforeseen expenditure obligations or such Overstrikes indicate deleted language.

1251C 2 1251 unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D.

Const., Art.

III, § 1.;

and (2) If any unobligated cash balance remains after the requirements of subdivision (1) are met, the commissioner must transfer:

(a) Thirty percent of the remaining balance to the community-based providers methodology supplement fund, created in section 4 of this Act;

(b) Thirty percent of the remaining balance to the target teacher salary supplement fund, created in section 3 of this Act;

and (c) Forty percent of the remaining balance to the general revenue replacement fund, created in § 4-7-45.

Section 3.

Section 4.2.

The Department of Human Services and the Department of Social Services shall each administer that portion of the fundfund. to be used by the agency for the purpose of enabling an increase in the rates payable to the types of community-based providers listed in § 28-22-6, in order for the rate methodology of each provider to be closer to one hundred percent of the methodology established in chapter 28-22.

EachThe department,purpose as part of the annualfund budgetis submission,to inenable accordancean withincrease §in 4-the 7-7,rates shallpayable submitto athe budgettypes requestof utilizingcommunity-based moneyproviders fromlisted thein fund§ to28-22-6, provide a uniform increase in ratesorder for community-based providers and specify the percentagerate of methodology of each community-based provider is to be atcloser withto one hundred percent of the change.methodology established in chapter 28-22.

The department, as part of the annual budget submission, in accordance with § 4- 7-7, shall submit a budget request utilizing money from the fund to provide a uniform Overstrikes indicate deleted language.

1251C26.437.23 32 1251 Interestincrease onin moneysrates creditedfor tocommunity-based providers and specify the fundpercentage mustof remainmethodology ineach community-based provider is to be at with the fund.change.

Interest on moneys credited to the fund must remain in the fund.

Section 5.3.

That § 4-7-31 be AMENDED:

4-7-31.

There is hereby established within in the state treasury the budget reserve fund.

Expenditures from the fund may occur only by special appropriation of the Legislature and may only redress unforeseen expenditure obligations or unforeseen revenue shortfalls, as may constitute an emergency pursuant to S.D.

Const., Art.

III, § 1.

Section 4.

That § 4-7-32 be AMENDED:

4-7-32.