90
th Legislative Session _ 2015
Committee: Senate Appropriations
Friday, February 20, 2015
P - Present
E - Excused
A - Absent
Roll Call
P Buhl O'Donnell
P Parsley
P Solano
P Heineman (Phyllis)
P Haverly
P Van Gerpen
P Omdahl
P Tidemann, Vice-Chair
P Peters, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Deb Peters.
SB 106: provide funding for the South Dakota technical institutes, to make an appropriation
therefor, and to declare an emergency.
Presented by: Senator Corey Brown
Proponents: Dick Tieszen, Technical Schools in South Dakota (Handouts: No. 1)
MOTION: AMEND SB 106
106gb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. There is hereby appropriated from the general fund the sum of one dollar ($1) or so
much thereof as may be necessary, to the Department of Education to provide additional funding to
the South Dakota technical institutes.
Section 2. The secretary of education shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by this Act.
Section 3. 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: Tidemann
Second by: Van Gerpen
Action: Prevailed by voice vote.
MOTION: DO PASS SB 106 AS AMENDED
Moved by: Tidemann
Second by: Buhl O'Donnell
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
MOTION: AMEND TITLE OF SB 106
106gta
On page 1, line 1, of the printed bill, after "institutes" insert ", to make an appropriation
therefor, and to declare an emergency".
Moved by: Tidemann
Second by: Solano
Action: Prevailed by voice vote.
SB 176: provide for the development of online resources and a rubric of textbook analysis
for use in school districts, and to make an appropriation therefor.
Presented by: Senator Tim Rave
Proponents: Robert Monson, School Administrators Of South Dakota
Opponents: Tami Darnall, SD Department of Education
Kelsey Hanson, Bureau of Finance & Management
MOTION: AMEND SB 176
176ga
On page 1, line 4, of the printed bill, delete "five hundred" and insert "one dollar ($1)".
On page 1, line 5, delete "thousand dollars ($500,000)".
Moved by: Tidemann
Second by: Solano
Action: Prevailed by voice vote.
MOTION: AMEND SB 176
176gb
On page 1, after line 12 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: Tidemann
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
MOTION: DO PASS SB 176 AS AMENDED
Moved by: Tidemann
Second by: Heineman (Phyllis)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
MOTION: AMEND TITLE OF SB 176
176gtb
On page 1, line 2, of the printed bill, delete "and".
On page 1, line 2, after "therefor" insert ", and to declare an emergency".
Moved by: Tidemann
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
SB 145: accommodate legislation to increase teacher pay in South Dakota.
Presented by: Senator Billie Sutton
MOTION: TO TABLE SB 145
Moved by: Tidemann
Second by: Parsley
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
SB 181: enhance higher education affordability and to make an appropriation therefor.
Presented by: Senator Larry Tidemann
Opponents: Steven Kohler, Bureau of Finance & Management
MOTION: AMEND SB 181
181gb
On page 1, line 4, of the printed bill, delete "three million one" and insert "one dollar ($1)".
On page 1, line 5, delete "hundred ninety-nine thousand five hundred forty-eight dollars
($3,199,548)".
On page 1, line 8, delete "seven hundred" and insert "one dollar ($1)".
On page 1, line 9, delete "thirty-five thousand eight hundred ninety-six dollars ($735,896)".
Moved by: Tidemann
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
MOTION: DO PASS SB 181 AS AMENDED
Moved by: Tidemann
Second by: Buhl O'Donnell
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
SB 147: expand Medicaid.
Presented by: Senator Bernie Hunhoff
Proponents: Megan Myers, American Heart Association
Scott Duke, SDAHO
Dean Krogman, SD State Medical Assoc.
Nick Kotzea, Sanford Health
Janae Hansen, National Association of Social Workers- SD
Myron Rau, SD Trucking Association
Myron Rau, SD Auto Dealers Association
Jennifer Stalley, Community Healthcare Association of the Dakotas
Brittany Novotny, South Dakota Nurses Association
David Benson, American Cancer Society Cancer Action Network
Erik Nelson, AARP
Opponents: Emily Ward, Bureau of Finance & Management
Chad Krier, Americans for Prosperity (Handouts: No. 2)
MOTION: TO TABLE SB 147
Moved by: Solano
Second by: Buhl O'Donnell
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
SB 169: provide medical care for certain unborn children.
Presented by: Senator Bernie Hunhoff (Handouts: No. 3)
Proponents: Representative Roger Hunt
Kim Malsam-Rysdon, Office of the Governor
Dean Krogman, SD State Medical Assoc.
Deb Fischer-Clemens, Avera Health
Brittany Novotny, South Dakota Nurses Association
MOTION: DO PASS SB 169
Moved by: Parsley
Second by: Buhl O'Donnell
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION TO TABLE SB 169
Moved by: Solano
Second by: Omdahl
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Solano, Heineman (Phyllis), Haverly, Van Gerpen, Omdahl, Peters
Voting No: Buhl O'Donnell, Parsley, Tidemann
SB 163: make an appropriation to fund the Teach for America grant program.
MOTION: AMEND SB 163
163cb
On page 2, line 9, of the printed bill, delete "five hundred" and insert "one dollar ($1),".
On page 2, line 10, delete everything before "or" .
Moved by: Heineman (Phyllis)
Second by: Van Gerpen
Action: Prevailed by voice vote.
MOTION: DO PASS SB 163 AS AMENDED
Moved by: Heineman (Phyllis)
Second by: Van Gerpen
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION TO TABLE SB 163
Moved by: Tidemann
Second by: Parsley
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Haverly, Omdahl, Tidemann, Peters
Voting No: Heineman (Phyllis), Van Gerpen
SB 50: authorize the South Dakota Building Authority to provide for the construction,
reconstruction, renovation, and modernization of state park facilities and infrastructure at
Custer State Park for the Department of Game, Fish and Parks, to make an appropriation
therefor, and to declare an emergency.
Others: Chris Petersen, Department of Game, Fish & Parks
MOTION: AMEND SB 50
50ja
On page 3, between lines 12 and 13 of the printed bill, insert:
" Section 7. If at any point in time, the Department of Game, Fish and Park requests the Building
Authority to issue bonds to finance the costs authorized in section 1 of this Act, or to restore the
amounts appropriated to the Custer State Park improvement fund as provided in section 2 of this Act,
the Building Authority shall issue bonds for such purposes using such combination of tax exempt
and taxable bonds as it deems necessary or appropriate.".
On page 4, line 4, delete "9" and insert "10".
Moved by: Tidemann
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
MOTION: AMEND SB 50
50ge
On page 2, line 2, of the printed bill, delete "general" and insert "budget reserve".
On page 2, line 9, after "interest" delete ", to the general fund".
On page 2, line 9, before "shall" delete "general fund" and insert "state".
On page 2, line 10, delete "from the general fund".
On page 2, line 15, delete "to the general fund".
On page 2, line 16, delete "general fund." and insert "state. Principal payments shall be
deposited in the budget reserve fund and interest payments shall be deposited in the general fund.".
On page 2, line 17, delete "general fund" and insert "state".
On page 2, line 24, before "until" delete "general fund" and insert "state".
On page 2, line 24, delete "from the general fund".
On page 3, line 4, delete "from the general fund" and insert "pursuant to section 2 of this Act".
On page 3, line 6, delete "general" insert "budget reserve".
On page 3, line 8, delete "general fund" and insert "state".
On page 3, line 9, delete "from the".
On page 3, line 10, delete "general fund".
On page 3, line 12, delete "from the general fund".
On page 3, line 24, delete "from the general fund".
On page 4, line 2, delete "general fund" and insert "amounts appropriated pursuant to section
2 of this Act".
On page 4, line 9, delete "Except as provided in section 2 of this Act, no" and insert "No".
Moved by: Tidemann
Second by: Heineman (Phyllis)
Action: Prevailed by voice vote.
MOTION: DO PASS SB 50 AS AMENDED
Moved by: Tidemann
Second by: Heineman (Phyllis)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
SB 53: revise certain provisions regarding the state aid to general education formula and to
revise the property tax levies for the general fund of school districts.
MOTION: DO PASS SB 53
Moved by: Tidemann
Second by: Omdahl
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Omdahl, Tidemann,
Peters
Excused: Van Gerpen
SB 54: revise certain provisions regarding the state aid to special education formula and to
revise the property tax levies for special education.
MOTION: DO PASS SB 54
Moved by: Tidemann
Second by: Heineman (Phyllis)
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Omdahl, Tidemann,
Peters
Excused: Van Gerpen
SB 55: revise the General Appropriations Act for fiscal year 2015.
Presented by: Jason Dilges, Bureau of Finance & Management (Handouts: No. 4)
MOTION: AMEND SB 55
55ga
On page 9 of the printed bill, delete lines 8 to 12, inclusive.
Moved by: Tidemann
Second by: Parsley
Action: Prevailed by voice vote.
MOTION: DO PASS SB 55 AS AMENDED
Moved by: Tidemann
Second by: Heineman (Phyllis)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
Co-Chair Tidemann assumed the Chair.
SB 99: revise certain provisions of the Medicaid contingency fund due to federal legislation,
to make an appropriation therefor, and to declare an emergency.
Presented by: Senator Deb Peters
Opponents: Emily Ward, Bureau of Finance & Management
MOTION: AMEND SB 99
99ga
On page 2, line 1, of the printed bill, delete "nine million" and insert "one dollar ($1)".
On page 2, line 2, delete "dollars ($9,000,000)".
Moved by: Heineman (Phyllis)
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
MOTION: DO PASS SB 99 AS AMENDED
Moved by: Heineman (Phyllis)
Second by: Buhl O'Donnell
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
SB 193: provide for an annual evaluation of economic development incentives.
Presented by: Senator Deb Peters
Proponents: John Buhl, PEW Charitable Trusts
MOTION: AMEND SB 193
193md
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in this Act mean:
(1) "Agency," a state agency, department, division, program, or office of any state agency,
bureau, authority, institution, council, board, commission, or program of state
government. This term does not include any unit of local government;
(2) "Committee," the Government Operations and Audit Committee;
Section 2. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
During each interim, the committee shall conduct agency evaluations which may consider any
of the following:
(1) Whether the funds which have been appropriated or otherwise allotted by the Legislature
to the various state agencies have been expended in accordance with legislative intent;
(2) Whether programs administered by the agencies are being conducted according to
legislative intent;
(3) Whether money and other assets for which the agency is responsible have been properly
administered;
(4) Whether reports and financial statements of the agency adequately disclose the nature and
scope of the activities conducted and provide a proper basis for evaluating the agency's
operations;
(5) Whether there is duplication or overlap of services;
(6) Whether there are alternative means of achieving the same results;
(7) Whether the committee agrees with the goals of the agency;
(8) Whether the committee agrees with the objectives of the agency;
(9) Whether the objectives are measurable and have identified targets or benchmarks;
(10) Whether the agency's performance measures can determine progress toward the targets
or benchmarks; and
(11) Any other factors relating to the efficiency, economy, and effectiveness of the agency
being evaluated.
Section 3. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
The committee shall develop a schedule for evaluating each state agency. The committee shall
ensure that each agency is evaluated at least once every eight years, except any agency the committee
exempts from evaluation.
Section 4. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
The committee shall provide the results of the evaluations to the Executive Board of the
Legislative Research Council in a written report by December first of each year.
Section 5. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
Any officer or employee of a state agency subject to the evaluations required in this Act shall
fully assist the committee during the course of the evaluation. The committee and staff shall have
access to and authority to examine all books, records, accounts, files, correspondence, and all other
documents, confidential or otherwise, maintained by the agency or its employees during the course
of agency business. The committee and staff shall maintain as confidential any information received
that is specifically enjoined to be held confidential by law.
Section 6. This Act is effective January 1, 2016."
Moved by: Heineman (Phyllis)
Second by: Omdahl
Action: Prevailed by voice vote.
MOTION: DO PASS SB 193 AS AMENDED
Moved by: Heineman (Phyllis)
Second by: Omdahl
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Van Gerpen,
Omdahl, Tidemann, Peters
MOTION: AMEND TITLE OF SB 193
193mta
On page 1, line 1, of the printed bill, delete everything after "of" and insert "state government
agencies and require a report.".
On page 1, delete line 2.
Moved by: Solano
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
Chairman Peters assumed the Chair.
SB 52: revise certain provisions regarding investment income that is transferred to the
general fund and to declare an emergency.
MOTION: AMEND SB 52
52gb
On page 1 of the printed bill, delete lines 4 to 11, inclusive, and insert:
" Section 1. That § 4-5-30.1 be amended to read as follows:
4-5-30.1. Notwithstanding the provisions of § 4-5-30, on or about June first of each fiscal year
the state investment officer shall estimate the proration due to the general fund for the next fiscal
year. No later than June fifteenth of that fiscal year, the state investment officer shall credit the
general fund with an amount equal to ninety fifty percent of the estimated proration due to the
general fund for the next fiscal year. At such time that the actual proration to the general fund is
determined, the state investment officer shall credit or debit the remaining proration due to the
general fund.
Section 2. That § 4-5-30.1 be repealed on June 1, 2016.".
Moved by: Tidemann
Second by: Van Gerpen
Action: Prevailed by voice vote.
Voting No: Buhl-O'Donnell, Parsley, Heineman (Phyllis)
MOTION: DO PASS SB 52 AS AMENDED
Moved by: Tidemann
Second by: Van Gerpen
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Solano, Haverly, Van Gerpen, Omdahl, Tidemann, Peters
Voting No: Buhl O'Donnell, Parsley, Heineman (Phyllis)
MOTION: AMEND TITLE OF SB 52
52gta
On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".
Moved by: Tidemann
Second by: Solano
Action: Prevailed by voice vote.
SB 144: establish a tuition reimbursement program for certain teachers who teach in rural
school districts.
MOTION: TO TABLE SB 144
Moved by: Tidemann
Second by: Heineman (Phyllis)
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Solano, Heineman (Phyllis), Haverly, Van Gerpen, Omdahl, Tidemann, Peters
Voting No: Buhl O'Donnell, Parsley
SB 157: make an appropriation to the state aeronautics fund.
MOTION: TO TABLE SB 157
Moved by: Tidemann
Second by: Omdahl
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Buhl O'Donnell, Parsley, Solano, Heineman (Phyllis), Haverly, Omdahl, Tidemann,
Peters
Voting No: Van Gerpen
MOTION: ADJOURN
Moved by: Heineman (Phyllis)
Second by: Omdahl
Action: Prevailed by voice vote.
Barb Bjorneberg
____________________________
Committee Secretary
Deb Peters, Chair
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