An Act
LEGISLATIVE ACT 19-02
Title
AN ACT AMENDING LEGISLATIVE ACT #37-01 AUTHORIZING THE
COMPREHENSIVE BUDGET FOR FISCAL YEAR 2002 - Mod. 6;
AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This legislative act shall be titled and codified as "An Act Amending Legislative Act #37-01 Authorizing the Comprehensive Budget for Fiscal Year 2002 � Mod. 6".
SECTION 2. PURPOSE
The purpose of this amendment is to authorize and approve the use of funds, subject to the availability of such funds, in accordance with Section 4, changing the amounts of certain cost centers approved in the "Comprehensive Budget Act for Fiscal Year 2002" or subsequent amendment. The cumulative total of the budget is increased by $3,344,971 for a total budget authority of $267,804,134. The following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $1,247,535 ( $441,421 Appropriated) Balance: $806,114
B. GIF special div. $250,000 ( $0 Appropriated) Balance: $250,000
C. Gammon Trust $290,625 ( $290,625 Restricted) Balance: $0
D. G/F settlement $253,685 ( $253,685 Restricted) Balance: $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act 37-01 are applicable to this amendment.
SECTION 4. FUNDING AUTHORIZATIONS
The changes reflect increases to cost centers set forth in the program budget justifications incorporated herein. This amendment changes the total amount of the comprehensive budget authorization by an increase of $3,344,971, to wit:
A. An increase in the General Fund budget authority of $3,635 for the Court
House sidewalk project.
B. A net increase in the Motor Fuels Tax Fund budget authority of $6,421 for a Vocational Rehabilitation Program cash match.
C. An increase in the Enterprise Fund budget authority of $625,854 for the
Landfill Operation.
D. An increase in the DHHS-General budget authority of $2 644 847 for the
Diabetes Initiative Grant 2002/2003 grant period.
E. An increase in the Department of Education budget authority of $64,214 for
the Vocational Rehabilitation Program prior year carryover.
SECTION 5. SEVERABILITY
The provisions of this Act are severable and if any part or provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.
SECTION 6. EFFECTIVE DATE: EMERGENCY DECLARED
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect immediately upon its approval and signatures.
Passed by the Cherokee Council on the 15th day of JULY, 2002.
Hastings Shade, President Council of the Cherokee Nation
ATTEST: Stephanie Shepherd, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 22nd day of JULY, 2002.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary/Treasurer
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Shepherd YEA
Harold "Jiggs" Phillips ABSENT John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss ABSENT
Mary Flute-Cooksey YEA Buel Anglen YEA
David W. Thornton, Sr. YEA Nick Lay ABSENT
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott ABSENT
CHEROKEE NATION TRIBAL COUNCIL
Doug Evans, C.P. A.,
Executive Director, Financial Oversight
Memo
To: Harold DeMoss, Chairman, Executive & Finance Committee &
Barbara Starr-Scott, Co-Chair, Executive & Finance Committee
From: Doug Evans
CC: Executive & Finance Committee
Gina Blackfox, Legislative Aide Date: 05/21/2002
Re: Budget Mod. #6 for May Executive & Finance Committee
Per your request, I have reviewed the budget modification package for May 2002. Below is a summary of my review:
GENERAL FUND: (Increase -$3,635)
(1): Court House: Requesting an increase of $3,635 for additional sidewalk expenses. This expense increase s funded by an increase in the revenue estimate to $58,796. As of 05/20/2002 the total sales including the prior year carryover supports the budget request.
MOTOR FUELS TAX: (Increase - $6,421)
(2 & 3): Sallisaw Center: Requesting authority to transfer the $1 MM appropriation for the Dialysis Center originally budgeted in a capital building line item over into an operational costcenter with $500k going into Contract Services and the other $500k for Capital Acquisitions. I would recommend clarification on what these two categories will actually be expended for!
(4 & 5): Bartlesville Nurse Clinic: Requesting authority to transfer the $1 MM appropriation for the Bartlesville Nurse Practitioner Clinic originally budgeted in a building line item over into an operational costcenter with the entire $1M budgeted for expenditures in the current fiscal year.
(6 & 7): Vinita Nurse Clinic: Requesting authority to transfer the $1 MM appropriation for the Vinita Nurse Practitioner Clinic originally budgeted in a building line item over into an operational costcenter with the entire $1M budgeted for expenditures in the current fiscal year.
(8): Vocational Rehab � Cash Match: Requesting authority to meet the Voc-Rehad programs additional grant funding (see item #42) cash match requirement of $6,421, or 10% from the Motor Fuels Tax fund. I removed the prior year interest income from this budget request, to eliminate duplication of unappropriated carryover.
(ENTERPRISES -Tribal (Increase - 633,377)
(9): Landfill Operations: Represents an increase in budget authority of $625,854 for necessary capital equipment and maintenance at the landfill. This increase is funded partially by the capital replacement & post- closure reserves ($450,000) and an increase in operational revenues ($300,000). The year-to-date operational results support this budget increase and the new projection of net profit for the fiscal year is budgeted at $450k.
(10): Complex Beautification: This budget is requesting authority to spend the proceeds from the Circus in 7Y2000 of $7,523 for "Other Operational Expenses". Per L.A. #5-02 - THESE FUNDS ARE NO LONGER AVAILABLE FOR EXPENDITURE � I RECOMMEND THIS BUDGET NOT BE CONSIDERED IN MOD-6.
IHS-SELF GOVERNANCE: (Increase - $855,030)
(11 � 32): Health Self-Governance: Requesting an additional $855,030 of spending authority. After the Health Administration was removed from the Indirect Cost Pool, the compact was required to make room for these costs ($1,720,775) within its self-governance operational funding. The operational budgets are reflecting an approximate $850,000 budget reduction and the remaining $850,000 is being funded by simply an increase to the self-governance compact revenue. No justification or documentation in included in this mod package to support an increase to the self-governance funds of $850,000. UNTIL JUSTIFICATION IS PRESENTED SUPPORTING THE SOURCE OF THE ADDITIONAL COMPACT REVENUE, I RECOMMEND EXCLUDING THESE BUDGETS FROM MOD-6.
DHHS - General: (Increase - $2,644,847)
(33 -41): Diabetes Initiative Grant: Primarily represents the funding for the portion of the current grant year that falls within the current fiscal year ending 9/30/2002. Significant increases are as follows: 1) Contract Services up $837,320; 2) Contract Health up $530,000; 3) Prescription Drug Supplies up $862,000 and 4) Medical Supplies up $207,000. Please Note: The Diabetes Initiative Program, with this increase, has a current year spending authority of approximately $7 Million, with actual expenditures thru May 2dh of approximately $2 Million. It is reasonable for a program that experiences a 300% increase in funding over a 2-year period to experience a lag time of ramping up the program to that higher level of funding. I expect a significant amount of these funds to carryover into the upcoming FY2003 budget.
Dept. of Education: (Increase - $64,214)
(42): Vocational Rehab Service: Requesting spending authority for carryover funds from the prior fiscal year.
Summary:
I recommend further explanation of the Sallisaw Dialysis Program (2 & 3) as well as supporting documentation for the IHS Self-Governance funding increase (11 � 32). Also, the Complex Beautification costcenter does not have any funds available for appropriation (10).
If I can provide any further information, please do not hesitate to contact me.
Cherokee Nation
0
Memo
To: Harold DeMoss & Barbara Starr-Scott, Co-Chairs-Executive & Finance Committee
From: Callie Catcher, Controller
The above referenced budget modification was tabled at the May Executive & Finance due to questions surrounding the Health Group portion of the modification. After discussions with Rick Kelly, I am requesting that the budget modification be revised to remove the Health portion of the package. Attached is a revised listing of the modification with these changes. If you have any questions, please contact me at extension 2902.
CC: Doug Evans
Date: June 24, 2002
Re: May Budget Modification (Mod 8)
Grand Total 5 .3,469,117 9 3,344,971 9 124,146
Tru2rY0 >
3)-002,6,Wo 117 723.-
6/28/2002 11:04 AM FY2002 Budget Mod Reconciliations_8a AS AMENDED BY COUNCIL.xls FS_.(8)_PT