Changes to Existing Law

. 4-7-31. Budget reserve fund established--Legislative action required for reserve fund expenditures. There is hereby established within the state treasury the budget reserve fund. Expenditures out of the budget reserve fund shall only be by special appropriation of the 24 Catchlines are not law. (§ 2-16-13.1) Legislature and shall only redress such unforeseen expenditure obligations or such unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D. Const., Art. III, § 1.

. 4-7-32. Transfer of fiscal year unobligated cash. The transfer of all prior year unobligated cash shall take place in accordance with this section as follows: (1) On July first of each fiscal year or at such time that as 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. (2) If any unobligated cash balance remains after the requirements of subdivision (1) are met, the commissioner of the Bureau of Finance and Management shall transfer half the remaining balance to the South Dakota forever trust fund under § 4-5-61. (3) If any unobligated cash balance remains after the requirements of subdivision (2) are met, the commissioner of the Bureau of Finance and Management shall transfer the remaining amount into the general revenue replacement fund 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 unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D. Const., Art. III, § 1.