86
th Legislative Session _ 2011
Committee: Senate Appropriations
Thursday, February 10, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Sutton
P Haverly
P Heineman
P Novstrup (Al)
P Peters
P Putnam
P Rampelberg
P Tidemann, Vice-Chair
P Brown, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Corey Brown.
Vice-Chair Tidemann assumed the Chair.
SB 195: reiterate, by means of legislative findings, the constitutional relationship of
the judicial and legislative branches to the appropriation and budgeting process.
Presented by: Senator Corey Brown
MOTION: TO TABLE SB 195
Moved by: Haverly
Second by: Peters
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Sutton, Haverly, Heineman, Novstrup (Al), Peters, Putnam, Rampelberg, Tidemann,
Brown
SJR 1: Proposing and submitting to the electors at the next general election an
amendment to Article V, section 11 of the Constitution of the State of South Dakota
relating to the funding of the Unified Judicial System.
Presented by: Senator Corey Brown
MOTION: TO TABLE SJR 1
Moved by: Peters
Second by: Haverly
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Sutton, Haverly, Heineman, Novstrup (Al), Peters, Putnam, Rampelberg, Tidemann,
Brown
Chairman Brown assumed the Chair.
SB 168: revise certain provisions regarding certain state purchases of supplies and
services.
Presented by: Senator Jeffrey Haverly
Proponents: Jeff Holden, Bureau of Administration
Monte Kramer, Board of Regents
MOTION: AMEND SB 168
168oc
On page 1 of the printed bill, delete lines 3 to 11, inclusive, and insert:
" Section 1. That § 5-18A-22 be amended to read as follows:
5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply
to:
(1) Any highway construction contract entered into by the Department of Transportation;
(2) Any contract for the purchase of supplies from the United States or its agencies or any
contract issued by the General Services Administration;
(3) Any purchase of supplies or services, other than professional services, by purchasing
agencies from any active contract that has been awarded by any government entity by
competitive sealed bids or competitive sealed proposals or from any contract that was
competitively solicited and awarded within the previous twelve months;
(4) Any equipment repair contract;
(5) Any procurement of electric power, water, or natural gas; chemical and biological
products; laboratory apparatus and appliances; published books, maps, periodicals and
technical pamphlets; works of art for museum and public display; medical supplies;
communications technologies, computer hardware and software, peripheral equipment,
and related connectivity; tableware or perishable foods;
(6) Any supplies, services, and professional services required for externally funded research
projects at institutions under the control of the Board of Regents;
(7) Any property or liability insurance or performance bonds, except that the actual
procurement of any insurance or performance bonds by any department of the state
government, state institution, and state agency shall be made under the supervision of the
Bureau of Administration;
(8) Any supplies needed by the Department of Human Services or prison industries for the
manufacturing of products;
(9) Any printing involving student activities, conducted by student organizations and paid for
out of student fees, at institutions under the control of the Board of Regents. However,
nothing in this subdivision exempts, from the requirements of this chapter and chapters
5-18B, 5-18C, and 5-18D, purchases that involve printing for other activities at
institutions under the control of the Board of Regents;
(10) Any purchase of surplus property from another purchasing agency;
(11) Any animals purchased;
(12) Any purchase by a school district of perishable food, raw materials used in construction
or manufacture of products for resale, or for transportation of students;
(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 5-12, or 11-11;
(14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of
farms by institutions under the control of the Board of Regents;
(15) Any purchase of supplies for any utility owned or operated by a municipality if the
purchase does not exceed the limits established in § 5-18A-14; or
(16) For political subdivisions, any contract for asbestos removal in emergency response
actions and any contract for services provided by individuals or firms for consultants,
audits, legal services, ambulance services, architectural services and engineering,
insurance, real estate services, or auction services; or
(17) Any purchase of supplies or services from a contract established through a Midwestern
Higher Education Compact group purchasing program by a competitive sealed bid or a
competitive sealed proposal. ".
On page 1, line 15, overstrike "State" and insert "Notwithstanding other provisions of chapter
5-18A or 5-18D, the Bureau of Administration may authorize state agencies and institutions to
make".
On page 1, line 15, of the printed bill, delete "five" and insert "four".
On page 2, line 1, overstrike "shall be processed by".
On page 2, delete lines 2 and 3, and insert "made by first obtaining".
On page 2, line 4, remove the overstrikes from ". If three quotes cannot be obtained,".
On page 2, line 5, remove the overstrikes from "the Bureau of Administration".
On page 2, remove the overstrikes from lines 6 and 7.
On page 2, line 8, delete "five" and insert "four".
Moved by: Putnam
Second by: Tidemann
Action: Prevailed by voice vote.
MOTION: DO PASS SB 168 AS AMENDED
Moved by: Peters
Second by: Sutton
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Sutton, Haverly, Novstrup (Al), Peters, Putnam, Rampelberg, Tidemann, Brown
Excused: Heineman
SB 184: make appropriations from the water and environment fund, the water
pollution control revolving fund subfund, and the drinking water revolving fund
subfund for various water and environmental purposes, to revise the state water plan,
and to declare an emergency.
Presented by: Nathan Sanderson, Governor's Office
Proponents: Steve Pirner, Department of Environment and Natural Resources (Handouts: No. 1)
Chad Huwe, City of Sioux Falls
John Beard, Southern Black Hills Water
Alec Boyce, self
Margo Northrup, SD Association of Rural Water Systems
Leo Holzlbauer, Lake Andes/Wagner
Angela Ehlers, SD Association of Conservation Districts
MOTION: DO PASS SB 184
Moved by: Putnam
Second by: Peters
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Sutton, Haverly, Novstrup (Al), Peters, Putnam, Rampelberg, Tidemann, Brown
Excused: Heineman
SB 185: revise the per student allocation for the state aid to general education
formula.
Presented by: Jason Dilges, Bureau of Finance & Management
Opponents: Wayne Lueders, Associated School Boards of SD
Sandra Waltman, SD Education Association
Charlie Flowers, SD Coalition of Schools and Midsize Schools
THE CHAIR DEFERRED SB 185 UNTIL LATER DATE
SB 186: revise certain provisions related to distribution of funds to sparse school
districts.
Presented by: Jim Terwilliger, Bureau of Finance and Management
Opponents: Charlie Flowers, SD Coalition of Schools and Midsize Schools
Wayne Lueders, Associated School Boards of SD
MOTION: DO PASS SB 186
Moved by: Tidemann
Second by: Rampelberg
Action: Prevailed by roll call vote. (7-1-1-0)
Voting Yes: Haverly, Heineman, Novstrup (Al), Putnam, Rampelberg, Tidemann, Brown
Voting No: Sutton
Excused: Peters
SB 187: revise certain provisions regarding the dairy inspection fund.
THE CHAIR DEFERRED SB 187 UNTIL LATER DATE
SB 188: revise certain provisions regarding the eligibility of National Guard
members for certain graduate tuition reductions.
THE CHAIR DEFERRED SB 188 UNTIL LATER DATE
SB 189: revise certain budgetary provisions relating to certain funds received from
the federal government.
Presented by: Jason Dilges, Bureau of Finance & Management
MOTION: DO PASS SB 189
Moved by: Tidemann
Second by: Haverly
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Sutton, Haverly, Heineman, Novstrup (Al), Putnam, Rampelberg, Tidemann, Brown
Excused: Peters
SB 191: repeal certain provisions providing for the sales tax on food refund program.
Presented by: Emily Ward, Bureau of Finance & Management
Opponents: Greg Boris, South Dakota Voices for Children
David Owen, SD Chamber of Commerce & Industry
Shawn Lyons, SD Retailers Association
THE CHAIR DEFERRED SB 191 UNTIL LATER DATE
SB 192: revise certain allocations for disabilities in the state aid for special education
formula.
Presented by: Jim Terwilliger, Bureau of Finance and Management
MOTION: DO PASS SB 192
Moved by: Tidemann
Second by: Rampelberg
Action: Prevailed by roll call vote. (7-1-1-0)
Voting Yes: Haverly, Heineman, Novstrup (Al), Putnam, Rampelberg, Tidemann, Brown
Voting No: Sutton
Excused: Peters
MOTION: ADJOURN
Moved by: Haverly
Second by: Tidemann
Action: Prevailed by voice vote.
Barb Bjorneberg
____________________________
Committee Secretary
Corey Brown, Chair
../02100800.SAP
Page 1