81st Legislative Session _ 2006

Committee: House Appropriations
Wednesday, February 08, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Dennert
P    Glenski
P    Haverly
P    Hunhoff
P    Klaudt, Vice-Chair
P    Peters
P    Rausch
P    Tidemann
P    Putnam, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jim Putnam

         HB 1145: establish the biotechnology incentive fund and to provide for its funding and purpose.

Presented by:    Representative Tom Hackl

MOTION:     TO TABLE HB 1145

Moved by:    Klaudt
Second by:    Haverly
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1013: make an appropriation to the Board of Regents for the construction, remodeling, or renovation of various structures or facilities on the campuses of the state's universities to provide additional support for women's athletic programs in furtherance of the policies and objectives of Title IX of the Education Act Amendments of 1972.

MOTION:     AMEND HB 1013

1013aa
     On the printed bill, delete everything after the enacting clause and insert:

"

     Section 1. The Board of Regents may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services or actions as may be required to accomplish, the projects enumerated in section 3 of this Act, all at the estimated cost of three million ten thousand seven hundred fourteen dollars.

     Section 2. There is hereby appropriated the sum of three hundred twenty-three thousand seven hundred fourteen dollars ( $323,714 ) from the higher education facilities fund, and two million six hundred eighty-seven thousand dollars ( $2,687,000 ) from other funds available to the universities for the projects specified in section 3 of this Act.

     Section 3. The projects authorized in section 1 of this Act are the following projects, together with their pertinent appropriations:

             (1)    At Black Hills State University in Spearfish, South Dakota, projects to upgrade a locker room, provide office space for coaches, and create practice and competition softball fields, all for an estimated cost of one million nine hundred sixty-nine thousand seven hundred fourteen dollars of which three hundred twenty-three thousand seven hundred fourteen dollars ($323,714) is to be appropriated from the higher education facilities fund allocated to the university as part of its annual maintenance and repair allocation, and one million six hundred forty-six thousand dollars ($1,646,000) is to be appropriated from other funds available to the university;
             (2)    At Dakota State University in Madison, South Dakota, projects to upgrade softball dugouts, acquire portable fencing for the softball field, upgrade the soccer field, and upgrade locker room space, all for an estimated cost of eighty-five thousand five hundred dollars ($85,500), to be appropriated from other funds available to the university;
             (3)    At Northern State University in Aberdeen, South Dakota, projects to upgrade soccer fields and to provide office space for coaches, all for an estimated cost of thirty-four thousand five hundred dollars ($34,500), to be appropriated from other funds available to the university;
             (4)    At South Dakota State University in Brookings, South Dakota, a project to upgrade softball facilities for an estimated cost of one hundred twenty-five thousand dollars ($125,000), to be appropriated from other funds available to the university;
             (5)    At the University of South Dakota in Vermillion, South Dakota, projects to renovate showers and locker rooms, to improve softball fields, soccer fields and their seating, and to make improvements to the indoor tennis facility, all for an estimated cost of seven hundred ninety-six thousand dollars ($796,000), to be appropriated from other funds available to the university.

     Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall be deemed appropriated to the projects authorized by this Act, in addition to the amounts otherwise authorized herein.

     Section 5. The design and construction of the facilities approved by this Act shall be under the general supervision of the Bureau of Administration as provided in §  5-14-2. The commissioner of the Bureau of Administration and the executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1013 AS AMENDED

Moved by:    Klaudt
Second by:    Rausch
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1020: reappropriate certain moneys to state aid to general education.

MOTION:     AMEND HB 1020

1020ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  Notwithstanding the provisions of subdivision 13-13-73 (4), the secretary of the Department of Education shall calculate and distribute the amount of excess funds appropriated by the Legislature for general support of education pursuant to the foundation formula in chapter 13-13 for state fiscal year 2006 prior to January 1, 2007. The secretary shall distribute the fiscal year 2006 excess on the basis of average daily membership as defined in § 13-13-10.1."


Moved by:    Dennert
Second by:    Glenski
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1020

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1040: revise the minimum monthly fee charged for care at the Human Services Center.

MOTION:     AMEND HB 1040

1040ub
     On page 1, line 10 of the printed bill, after " status. " insert " Effective January 1, 2007 through December 31, 2008, the county of residence shall pay an admission fee of four hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days. Effective January 1, 2009 through December 31, 2009, the county of residence shall pay an admission fee of five hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days. Effective January 1, 2010 through December 31, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days. ".


Moved by:    Klaudt
Second by:    Hunhoff
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1040 AS AMENDED

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1090: appropriate money for compensatory payments to certain school districts.

MOTION:     DO PASS HB 1090 AS AMENDED

Moved by:    Hunhoff
Second by:    Tidemann
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann

Voting No:    Putnam

         HB 1101: provide for the indemnification of a trustee for a political subdivision of this state and to make an appropriation therefor.

MOTION:     TO TABLE HB 1101

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Klaudt, Peters, Rausch, Tidemann, Putnam

Voting No:    Hunhoff

         HB 1124: make an appropriation to the Department of Tourism and State Development to provide for the promotion in Mexico of tourist opportunities in South Dakota and of the products made in South Dakota.




MOTION:     AMEND HB 1124

1124ta
     On page 1, line 5 of the printed bill, delete " five " and insert "ten".

     On page 1 , line 6, delete " $5,000 " and insert "$10,000".

Moved by:    Glenski
Second by:    Dennert
Action:    Failed by voice vote.

MOTION:     TO TABLE HB 1124

Moved by:    Klaudt
Second by:    Hunhoff
Action:    Prevailed by roll call vote.(7-2-0-0)

Voting Yes:    Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

Voting No:    Dennert, Glenski

         HB 1238: authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, and to declare an emergency.

MOTION:     AMEND HB 1238

1238aa
     On page 2, between lines 16 and 17 of the printed bill, insert:

"

     Section 5. The purchase of real property pursuant to this Act is contingent on the approval of construction of an instructional classroom building in Sioux Falls.".

Moved by:    Klaudt


Second by:    Dennert
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1238 AS AMENDED

Moved by:    Klaudt
Second by:    Tidemann
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1142: appropriate money to the state library for digital access to newspapers.

MOTION:     TO TABLE HB 1142

Moved by:    Klaudt
Second by:    Rausch
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Haverly, Hunhoff, Klaudt, Peters, Rausch, Putnam

Voting No:    Dennert, Glenski, Tidemann

         HB 1240: transfer funds from the railroad trust fund, to make an appropriation for low income energy assistance, and to declare an emergency.

MOTION:     AMEND HB 1240

1240aa
     On page 1, line 4 of the printed bill, delete everything after " transferred " and insert "one dollar ($ 1 )".

     On page 1 , line 5, delete " ($1,300,000) " .

     On page 1 , line 7, delete everything after " sum of " and insert "one dollar ($ 1 )".

     On page 1 , line 8, delete " dollars ($1,300,000) " .

Moved by:    Klaudt


Second by:    Tidemann
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1240 AS AMENDED

Moved by:    Klaudt
Second by:    Hunhoff
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1241: make an appropriation to fund sales tax on food refunds.

MOTION:     AMEND HB 1241

1241ma
     On page 1 , delete lines 3 to 7 , inclusive.

     On page 1 , delete line 11 and insert "be available to the Department of Social Services to provide sales tax on food refunds for South Dakota families who need it most pursuant to chapter 55 of the 2005 Session Laws.".

     On page 1 , delete line 12 .

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:     TO AMEND TITLE OF HB 1241

1241mta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "reappropriate certain moneys to fund sales tax on food refunds.".

Moved by:    Klaudt
Second by:    Rausch
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1241 AS AMENDED



Moved by:    Klaudt
Second by:    Glenski
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

         HB 1242: transfer funds from the railroad trust fund to the property tax reduction fund.

MOTION:     AMEND HB 1242

1242aa
     On page 1, line 4 of the printed bill, delete everything after " transferred " and insert "one dollar ($1)".

     On page 1 , line 5, delete everything before " from " .

Representative Dennert requested that his nay vote be noted.

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1242 AS AMENDED

Moved by:    Klaudt
Second by:    Tidemann
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

Voting No:    Dennert

         HB 1244: transfer funds from the railroad trust fund, to make an appropriation to construct instructional classrooms, and to declare an emergency.

MOTION:     AMEND HB 1244

1244ab
     On page 1 , line 4 of the printed bill, delete " eight million dollars ($8,000,000) " and insert "one dollar ($1)".

     On page 1 , line 6, delete " eight million dollars ($8,000,000) " and insert "one dollar ($1)".

     On page 1, between lines 15 and 16, insert:

"

     Section 4. The construction of the instructional classroom building pursuant to this Act is contingent on the purchase of Department of Transportation land located in Minnehaha County by the Board of Regents.".

Moved by:    Klaudt
Second by:    Tidemann
Action:    Was not acted on.

MOTION:     AMEND HB 1244

1244ac
     On page 1 , line 4 of the printed bill, delete " eight million dollars ($8,000,000) " and insert "one dollar ($1)".

     On page 1 , line 6, delete " eight million dollars ($8,000,000) " and insert "one dollar ($1)".

     On page 1, between lines 15 and 16, insert:

"

     Section 4. The construction of the instructional classroom building pursuant to this Act is contingent on the purchase of land located in Minnehaha County by the Board of Regents.".

Moved by:    Glenski
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1244

1244ha
     On page 1, between lines 15 and 16 of the printed bill, insert:

"
     Section 4. That § 13-39-70 be amended to read as follows:

     13-39-70.   There is hereby created within the vocational education facilities fund of the secretary of education a tuition subaccount. The secretary may determine and require that all or any portion of the tuition and other student fees payable to an LEA shall be deposited in the subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other than to pay lease rentals or other amounts due and owing in connection with any :

             (1)    Any facility originally leased to the board of regents but now utilized for vocational education so long as such facility is on the campus of a postsecondary technical institute; and

             (2)    Any lease-purchase agreement authorized under §§ 13-39-66 and 13-39-67 unless and until the health and educational facilities authority files with the state treasurer a certification that it has on deposit or there has otherwise been appropriated sufficient moneys to pay all amounts due or to become due within the next three months on all such lease-purchase agreements.

     No lease rentals on facilities described in subsection (1) shall be paid unless the secretary of education has approved the assumption of the former board of regents' lease obligations by the tuition subaccount. Thereafter, the state treasurer shall retain in the vocational education facilities fund for future repair and improvement as authorized by the Legislature such amounts, not to exceed ten percent thereof, as the secretary shall direct. ".

Moved by:    Klaudt
Second by:    Rausch
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1244 AS AMENDED

Moved by:    Klaudt
Second by:    Peters
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, Tidemann, Putnam

MOTION:     ADJOURN

Moved by:    Glenski
Second by:    Tidemann


Action:    Prevailed by voice vote.

Reta Rodman

____________________________

Committee Secretary
J.E. "Jim" Putnam, Chair


../02081000.HAP
Page 1