Senate Appropriations Minutes 1/31/2008 08:00 AM

2008 Legislative Session _ 2008

Committee: Senate Appropriations

Thursday, January 31, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Bartling
P    Greenfield
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.

         SB 109: authorize the Fourth Circuit drug court program in the Unified Judicial System and to make an appropriation therefor.

Presented by:    David Gilbertson, Chief Justice - Document #1
        Judge Jerome Eckrich, Unified Judicial System

MOTION:     DO PASS SB 109

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

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

MOTION:     TO INTRODUCE THE GENERAL APPROPRIATION BILL ON BEHALF OF THE SENATE APPROPRIATION COMMITTEE ENTITLED: AN ACT TO

APPROPRIATE MONEY FOR THE ORDINARY EXPENSES OF THE LEGISLATIVE, JUDICIAL, AND EXECUTIVE DEPARTMENTS OF THE STATE, THE EXPENSES OF THE STATE INSTITUTIONS, INTERESTS ON THE PUBLIC DEBT, AND FOR COMMON SCHOOLS.

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

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

         SB 60: appropriate money for the repair of Tripp Lake Dam and to declare an emergency.

Presented by:    Senator Frank Kloucek - Documents 2, 3, 4 and 5
Proponents:    Wayne Dempster, self, Tripp
        Dallas Laffey, self, Tripp
Comments:    Mike Corneilson, School & Public Lands
Opponents:    Josh Larson, Bureau of Finance and Management

MOTION:     DEFER SB 60 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Smidt (Orville)
Second by:    Greenfield
Action:    Prevailed by roll call vote. (8-1-0-0)

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

Voting No:    Hoerth

         SB 101: authorize funding for certain tribal colleges to defray certain costs associated with educating nonbeneficiary students at tribal colleges and to make an appropriation therefor.

Presented by:    Senator Theresa Two Bulls
Proponents:    Thomas Short Bull, Oglala Lakota College, President
        Senator Tom Katus
Opponents:    Liza Sizer, Bureau of Finance and Management

The gavel was passed to Vice-Chair Hunhoff.

MOTION: DEFER SB 101 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Apa
Second by:    Greenfield
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Gray, Greenfield, Hunhoff, Smidt (Orville), Apa

Voting No:    Bartling, Hoerth, Hundstad, Maher

Chairman Apa assumed the Chair.

         SB 175: direct the Office of the Attorney General to study the creation of a state medical examiner system and to provide an appropriation therefor.

Presented by:    Scott Swier, Office of Attorney General

MOTION:     DEFER SB 175 TO THE 36^TH LEGISLATIVE DAY

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

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

         SB 176: authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, and to make an appropriation therefor.

Presented by:    Senator Jean Hunhoff
Proponents:    Jim Fry, LRC - Document #6
        Senator Bob Gray

MOTION:     AMEND SB 176

On page 2, after line 11 of the printed bill, insert:

"
Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Moved by:    Greenfield
Second by:    Bartling
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 176 AS AMENDED

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

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

MOTION:     AMEND TITLE OF SB 176

On page 1, line 3, of the printed bill, delete everything after "," and insert "to make an appropriation therefor, and to declare an emergency.".

Moved by:    Greenfield
Second by:    Maher
Action:    Prevailed by voice vote.

         SB 76: make an appropriation to support the South Dakota Hall of Fame.

Presented by:    Senator Cooper Garnos
Proponents:    Kathie Brown, Exec Director SD Hall of Fame - Documents 7 & 8.
Opponents:    Jenna Friedrich, BFM

MOTION:     DO PASS SB 76

Moved by:    Bartling
Second by:    Hundstad
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 76 TO THE 36^TH LEGISLATIVE DAY

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

Voting Yes:    Gray, Greenfield, Hundstad, Hunhoff, Smidt (Orville), Apa

Voting No:    Bartling, Hoerth, Maher

         SB 72: make an appropriation for an engineering survey and a repair cost estimate of Richmond Lake Dam.

Presented by:    Senator Alan Hoerth - Document #9
Proponents:    Jennifer Toscana, School and Public Lands
        Dennis Feickert, Brown County Commissioner
        Mike Wiese, Brown County Commissioners
        Julie Johnson, Absolutely Aberdeen
Comments:    Mike Corneilson, School & Public Lands
Opponents:    Josh Larson, Bureau of Finance and Management

The gavel was passed to Vice Chair Hunhoff.

MOTION:     DEFER SB 72 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Apa
Second by:    Smidt (Orville)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 72

On page 1, line 4, of the printed bill, delete "one hundred".
On page 1, line 5, delete "($125,000)" and insert "($ 25,000 )".

Moved by:    Hundstad
Second by:    Maher
Action:    Failed by roll call vote. (4-5-0-0)

Voting Yes:    Bartling, Hoerth, Hundstad, Maher

Voting No:    Gray, Greenfield, Hunhoff, Smidt (Orville), Apa

MOTION:     DEFER SB 72 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Apa
Second by:    Smidt (Orville)
Action:    Passed 6-3.

Voting Yes:    Gray, Greenfield, Maher, Smidt, Hunhoff, Apa

Voting No:    Bartling, Hoerth, Hunstad

         SB 74: appropriate funds for the repair of the Lake Wanalain Dam.

Presented by:    Senator Cooper Garnos
Proponents:    Jennifer Toscana, School and Public Lands
        Bryce Healy, self
Comments:    Mike Corneilson, School and Public Lands
Opponents:    Josh Larson, Bureau of Finance and Management

MOTION:     DEFER SB 74 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Apa
Second by:    Maher
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 74

On page 1, line 4, of the printed bill, delete "forty thousand" and insert "one dollar ($1)".
On page 1, line 5, delete "dollars ($40,000)".

Moved by:    Hundstad
Second by:    Hoerth
Action:    Failed by roll call vote. (2-7-0-0)

Voting Yes:    Hoerth, Hundstad

Voting No:    Bartling, Gray, Greenfield, Hunhoff, Maher, Smidt (Orville), Apa

MOTION:     DEFER SB 74 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Apa
Second by:    Maher

Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Gray, Greenfield, Hunhoff, Maher, Smidt (Orville), Apa

Voting No:    Bartling, Hoerth, Hundstad

         SB 73: make an appropriation to support the Sue T-Rex traveling exhibition.

Presented by:    Senator Ryan Maher
Proponents:    Ron Frame, Faith Chamber of Commerce - Document #10
Opponents:    Liza Sizer, Bureau of Finance and Management

MOTION:     DEFER SB 73 TO THE 36^TH LEGISLATIVE DAY

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

Voting Yes:    Gray, Greenfield, Hundstad, Hunhoff, Smidt (Orville), Apa

Voting No:    Bartling, Hoerth, Maher

Chairman Apa assumed the Chair.

         SB 192: authorize a grant for the design and construction of an instructional classroom building, and to make an appropriation therefor.

Presented by:    Senator Bob Gray

MOTION:     AMEND SB 192

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

"
Section 1. That § 13-51-1.1 be amended to read as follows:

13-51-1.1. Notwithstanding any other provisions of law, the Board of Regents may enter into a lease agreement with the Sioux Falls public school district for the lease of a site to be used only for the delivery of public higher education programs and a lease agreement with the Capital University Center Foundation and Advisory Board for the lease of a site to be used for the delivery of public

higher education programs . All such academic programs shall be directly provided by the following institutions:

(1) University of South Dakota;

(2) South Dakota State University;

(3) South Dakota School of Mines and Technology;

(4) Northern State University;

(5) Black Hills State University; or

(6) Dakota State University.

No postsecondary degrees may be awarded or conferred except by the above institutions.

     The board may use funds annually appropriated by the Legislature from the higher education facilities fund, created in § 13-51-2, to make payments therefor. "

Moved by:    Greenfield
Second by:    Maher
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 192 UNTIL MONDAY, FEBRUARY 4, 2008.

         SB 197: make an appropriation for the costs of the centers for independent living.

Presented by:    Senator Julie Bartling
Proponents:    Marla Bull Bear, Native American Advocacy - Document #11
        Ann Van Loan, Western Resources for dis-Abled Independence
        Theresa Maule, Native American Advocacy

        THE CHAIR DEFERRED SB 197 UNTIL MONDAY, FEBRUARY 4, 2008

MOTION:     ADJOURN

Moved by:    Greenfield
Second by:    Maher
Action:    Prevailed by voice vote.

Barb Bjorneberg

____________________________

Committee Secretary

Jerry Apa, Chair

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