82nd Legislative Session _ 2007

Committee: Senate Appropriations
Tuesday, February 27, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Greenfield
P    Hauge
P    Hoerth
P    Hundstad
P    Hunhoff, Vice-Chair
P    Maher
P    Smidt (Orville)
P    Apa, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jerry Apa.

MOTION:     RECONSIDER HB 1101

Moved by:    Greenfield
Second by:    Bartling
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Bartling, Greenfield, Hauge, Hoerth, Hundstad, Hunhoff, Maher, Smidt (Orville), Apa

MOTION:     AMEND HB 1101

1101mc
     On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. It is in the public interest that the South Dakota Building Authority 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 complete maintenance and repair projects selected by the Board of Regents as critical to facility safety and function at academic and support facilities on the university campuses, all at the estimated cost of eight million six hundred thousand dollars ($8,600,000). The South Dakota Building Authority may finance the project costs, together with any related costs of financing, through the issuance of revenue bonds, in accordance with this Act and chapter 5-12.

     Section 2. The Board of Regents may make and enter into a lease agreement with the Building Authority relating to any projects described in section 1 of this Act and make rental payments under the terms thereof pursuant to chapter 5-12 from appropriations to be made by the Legislature pursuant to chapter 5-12. In addition, the Board of Regents may assess and collect special maintenance and repair fees from students and use such fees to pay or supplement any rental payments, or reduce the amount of appropriations otherwise required, for such rental payments. Such fees shall be deposited in a special fund established for the purposes of this Act and used to reduce the amount of appropriations required to pay rentals under the lease with the Building Authority. Upon receipt of payment of the balance of rental payments made under the terms of any lease entered into pursuant to section 2 of this Act, the Building Authority shall convey the property leased under the lease to the Board of Regents pursuant to §  5-12-15.

     Section 3. No indebtedness, bond, or obligation included or created under the authority of this Act may be or may become a lien, charge, or liability against the State of South Dakota, nor against the property or funds of the State of South Dakota within the meaning of the Constitution or statutes of the state.

     Section 4. The Building Authority and the Board of Regents may accept, transfer, and expend any property or 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 by this Act.

     Section 5. The administration of the design and construction of the projects authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14. The executive director of the Board of Regents and the executive secretary of the Building Authority, or their designees, shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."


Comments:    Dr. Tad Perry, Board of Regents - Document #1
        Monte Kramer, Board of Regents


Moved by:    Greenfield
Second by:    Smidt (Orville)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1101 AS AMENDED

Moved by:    Hundstad
Second by:    Hauge
Action:    Prevailed by roll call vote.(7-1-1-0)

Voting Yes:    Hauge, Hoerth, Hundstad, Hunhoff, Maher, Smidt (Orville), Apa

Voting No:    Greenfield

Excused:    Bartling

MOTION:     TO AMEND TITLE OF HB 1101

1101mta
     On page 1, line 1 of the House Appropriations Committee engrossed bill, delete everything after " Act to " and insert "make an appropriation for maintenance and repair projects of the Board of Regents deemed critical to facility safety and function.".

     On page 1 , delete line 2 .

Moved by:    Smidt (Orville)
Second by:    Hundstad
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Hoerth
Second by:    Smidt (Orville)
Action:    Prevailed by voice vote.

Barb Bjorneberg

____________________________

Committee Secretary
Jerry Apa, Chair