93rd Legislative Session _ 2018

Committee: Joint Committee on Appropriations
Monday, February 26, 2018

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Sen. Sutton
E    Sen. Nesiba
P    Sen. Cronin
P    Sen. Partridge
P    Sen. Peters
P    Sen. Haverly
P    Sen. White
P    Rep. Ahlers
P    Rep. Carson
P    Rep. Howard
P    Rep. Karr
P    Rep. Peterson (Sue)
P    Rep. Lake
P    Rep. Bartels
P    Sen. Wiik
P    Rep. Hunhoff
P    Sen. Tidemann
P    Rep. Anderson

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Co-Chair Anderson.

Document 1 - Department of Revenue Motion Sheets
Document 2 - State Auditor Motion Sheets
Document 3 - Unified Judicial System Motion Sheets
Document 4 - Secretary of State Motion Sheets
Document 5 - Department of Veterans' Affairs Motion Sheets

    SB 183: authorize the Board of Regents to contract for the construction of a precision

agriculture classroom and laboratory building and renovation of the first and second floors of Berg Agriculture Hall at South Dakota State University and to make an appropriation therefor.

Presented by:    Senator Cammack (Handout(s): No. 1)
Others:    Will Mortenson, Raven Industries

MOTION:    AMEND SB 183

183ma

    On page 1, line 11, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "project" insert "for an estimated cost of fifty-five million dollars, subject to permitted adjustments pursuant to section 3 of this Act".

    On page 1, after line 11, insert:

"    Section 2. There is hereby appropriated for the purposes authorized in this Act the sum of fifty-one million dollars ($51,000,000), or so much thereof as may be necessary, in other fund expenditure authority and four million dollars ($4,000,000), or so much thereof as may be necessary, from the general fund, together with any additional sums received pursuant to section 4 of this Act, and permitted adjustments pursuant to section 3 of this Act.

    Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The Board of Regents may adjust such cost estimates to reflect the inflation as measured by the Building Cost Index, reported by the Engineering News Record and additional expenditures required to comply with regulations adopted after the effective date of this Act, or additional sums received pursuant to section 4 of this Act. However, any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.

    Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the projects authorized in this Act from federal sources, donations, or any other external sources, all of which comprise a special fund for the benefitted project. All moneys deposited into that fund are hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections 1 to 3, inclusive, of this Act.

    Section 5. The administration of the design and construction of the project authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14.

    Section 6. 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:    Tidemann
Second by:    Haverly
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 183 AS AMENDED

Moved by:    Hunhoff
Second by:    Cronin
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND SB 183

183mb

    On the Senate Agriculture and Natural Resources Committee engrossed bill, delete the previously adopted amendment (183ma).

    On page 1, line 11, after "project" insert "for an estimated cost of fifty-five million dollars, subject to permitted adjustments pursuant to section 3 of this Act".

    On page 1, after line 11, insert:

"    Section 2. There is hereby appropriated for the purposes authorized in this Act the sum of fifty-one million dollars ($51,000,000), or so much thereof as may be necessary, in other fund expenditure authority and one dollar ($1), or so much thereof as may be necessary, from the general fund, together with any additional sums received pursuant to section 4 of this Act, and permitted adjustments pursuant to section 3 of this Act.

    Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The Board of Regents may adjust such cost estimates to reflect the inflation as measured by the Building Cost Index, reported by the Engineering News Record and additional expenditures required to comply with regulations adopted after the effective date of this Act, or additional sums received pursuant to section 4 of this Act. However, any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.

    Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the projects authorized in this Act from federal sources, donations, or any other external sources, all of which comprise a special fund for the benefitted project. All moneys deposited into that fund are hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections 1 to 3, inclusive, of this Act.



    Section 5. The administration of the design and construction of the project authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14.

    Section 6. 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:    Partridge
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 183 AS AMENDED

Moved by:    Hunhoff
Second by:    Peters
Action:    Prevailed by roll call vote. (14-0-4-0)

Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Karr, Lake, Bartels, Hunhoff, Tidemann, Anderson

Excused:    Nesiba, Howard, Peterson (Sue), Wiik

MOTION:    AMEND TITLE OF SB 183

183mta

    On page 1, line 3, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "University" insert "and to make an appropriation therefor".


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

    HB 1245: make an appropriation to the Equal Access to Our Courts Commission.

MOTION:    TO TABLE HB 1245

Moved by:    Partridge
Second by:    Carson
Action:    Prevailed by roll call vote. (13-0-5-0)



Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Karr, Bartels, Hunhoff, Tidemann, Anderson

Excused:    Nesiba, Howard, Peterson (Sue), Lake, Wiik

    HB 1306: approve bonds for a lease purchase agreement with Lake Area Technical Institute and to make an appropriation therefor.

MOTION:    TO TABLE HB 1306

Moved by:    Carson
Second by:    White
Action:    Prevailed by roll call vote. (13-0-5-0)

Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Karr, Bartels, Hunhoff, Tidemann, Anderson

Excused:    Nesiba, Howard, Peterson (Sue), Lake, Wiik

    SB 91: authorize the Department of Veterans Affairs to provide for the design, construction, and equipping of a state veterans cemetery in Sioux Falls, to create a veterans cemetery fund, to make an appropriation therefor, and to declare an emergency.

MOTION:    AMEND SB 91

91bc

    On the Senate Military and Veterans Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    There is hereby created in the state treasury the South Dakota State Veterans Cemetery operating fund, into which shall be deposited disbursements from the endowment fund created in section 2 of this Act, and revenues generated by the South Dakota State Veterans Cemetery.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The South Dakota State Veterans Cemetery endowment fund may be established within the South Dakota Community Foundation. The purpose of the endowment fund is to provide a fund for any person who wishes to contribute to the endowment fund to fund the construction and operation of

the South Dakota State Veterans Cemetery. This fund shall be administered by the South Dakota Community Foundation. Any disbursements from this endowment fund shall be deposited into the fund created in section 1 of this Act.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    Donations to the South Dakota State Veterans Cemetery endowment fund shall be deposited into the fund to reach a minimum principle balance of three million dollars ($3,000,000) by July 1, 2023. Notwithstanding the minimum principle balance under this section, expenditures may be made prior to July 1, 2023. If the minimum principle balance is reached prior to July 1, 2023, no expenditures may reduce the principle balance below three million dollars ($3,000,000).

    Section 4. That the code be amended by adding a NEW SECTION to read:

    The South Dakota Veterans Council shall report annually to the Joint Committee on Appropriations on the balance of the South Dakota Veterans Cemetery endowment fund.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The State of South Dakota may accept the donation of a suitable amount of land from the city of Sioux Falls, South Dakota, for the purposes of establishing and maintaining a state veterans' cemetery in Minnehaha County.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    The secretary of veterans affairs shall submit a state cemetery pre-application to the National Cemetery Administration as provided in 38 CFR 39.31 prior to July 1, 2018.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    The secretary of veterans affairs shall submit a state cemetery grant application to the National Cemetery Administration as provided in 38 CFR 39.31 and to contract for the design, construction, equipping, and any other action that may be required to provide for a state veterans cemetery in Minnehaha County, South Dakota, at an estimated cost of six million dollars.

    Section 8. There is hereby appropriated from the general fund the sum of four hundred fifty thousand dollars ($450,000), or so much thereof as may be necessary, to the Department of Veterans' Affairs to provide for the design and planning work necessary for a state veterans cemetery. Expenditures for such design and planning work may only be completed upon approval by the National Cemetery Administration of the grant application allowed under section 5 of this Act. Upon reimbursement of these funds from the federal government these funds shall be deposited in the operating fund created under section 1 of this Act.


    Section 9. That the code be amended by adding a NEW SECTION to read:

    There is hereby appropriated the sum of six million dollars ($6,000,000), or so much thereof as may be necessary, in federal fund expenditure authority to the Department of Veterans Affairs for the purposes of this Act.

    Section 10. The secretary of veterans affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 11. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 12. 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:    Sutton
Action:    Prevailed by roll call vote. (17-0-1-0)

Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Nesiba

MOTION:    DO PASS SB 91 AS AMENDED

Moved by:    Tidemann
Second by:    Sutton
Action:    Prevailed by roll call vote. (17-0-1-0)

Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Nesiba

MOTION:    AMEND TITLE OF SB 91

91bta

    On page 1, line 2, of the Senate Military and Veterans Affairs Committee engrossed bill, after "Falls," insert "to create a veterans cemetery fund,".


Moved by:    Tidemann
Second by:    Cronin
Action:    Prevailed by voice vote.

MOTION:    TO SET THE BUDGETS FOR THE DEPARTMENT OF REVENUE - MOTION SHEETS G0210A, G0220A, G0230A, G0240A, G0293A, WHICH INCLUDES $1,302,866 IN GENERAL FUNDS, $300,000 IN FEDERAL FUND EXPENDITURE AUTHORITY, $27,961,009 IN OTHER FUND EXPENDITURE AUTHORITY AND 114.5 FTES.

Moved by:    Partridge
Second by:    Peters
Action:    Prevailed by roll call vote. (17-0-1-0)

Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Nesiba

MOTION:    TO SET THE BUDGET FOR THE DEPARTMENT OF REVENUE AUDITS - MOTION SHEET Z0250A, WHICH INCLUDES $4,419,116 IN OTHER FUND EXPENDITURE AUTHORITY AND 55 FTES.

Moved by:    Partridge
Second by:    Peters
Action:    Prevailed by roll call vote. (15-2-1-0)

Voting Yes:    Sutton, Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff

Voting No:    Tidemann, Anderson

Excused:    Nesiba

MOTION:    TO SET THE BUDGET FOR THE DEPARTMENT OF REVENUE INSTANT ON-LINE INFORMATIONAL BUDGET - MOTION SHEET G0281A, WHICH INCLUDES $38,405,766 IN OTHER FUND EXPENDITURE AUTHORITY AND 21 FTES.

Moved by:    Partridge
Second by:    Peters
Action:    Prevailed by roll call vote. (16-0-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Sutton, Nesiba

MOTION:    TO SET THE BUDGET FOR THE DEPARTMENT OF REVENUE VIDEO LOTTERY - MOTION SHEET G0282A, WHICH INCLUDES $2,674,153 IN OTHER FUND EXPENDITURE AUTHORITY AND 10.0 FTES.

Moved by:    Partridge
Second by:    Ahlers
Action:    Prevailed by roll call vote. (14-2-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Karr, Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Voting No:    Howard, Peterson (Sue)

Excused:    Sutton, Nesiba

MOTION:    TO SET THE BUDGET FOR STATE AUDITOR - MOTION SHEET M3300A WHICH INCLUDES $1,288,459 IN GENERAL FUNDS AND 16.0 FTES.

Moved by:    White
Second by:    Lake
Action:    Prevailed by roll call vote. (16-0-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Sutton, Nesiba

MOTION:    TO SET THE BUDGET FOR THE UNIFIED JUDICIAL SYSTEM STATE BAR ASSOCIATION - MOTION SHEET G2701A, WHICH INCLUDES $575,721 IN OTHER FUND EXPENDITURE AUTHORITY AND 3.0 FTES.

Moved by:    Peters
Second by:    Partridge
Action:    Prevailed by roll call vote. (16-0-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson

(Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Sutton, Nesiba

MOTION:    TO SET THE BUDGET FOR THE UNIFIED JUDICIAL SYSTEM - MOTION SHEET Q271A.

Moved by:    Peters
Second by:    Partridge
Action:    Was not acted on; deferred by Chair

MOTION:    TO SET THE BUDGET FOR THE UNIFIED JUDICIAL SYSTEM EQUAL ACCESS TO OUR COURTS - MOTION SHEET Q272C WHICH INCLUDES $25,000 IN GENERAL FUNDS AND $200,000 IN OTHER FUNDS.

Moved by:    Cronin
Second by:    Peters
Action:    Was not acted on.

THE RULE OF 7-12 WAS INVOKED BY REPRESENTATIVE HUNHOFF. VOTING YEA: REPRESENTATIVES AHLERS, LAKE. VOTING NAY: REPRESENTATIVES CARSON, HOWARD, KARR, PETERSON, BARTELS, HUNHOFF, ANDERSON. MOTION FAILED.

MOTION:    TO SET THE BUDGET FOR THE UNIFIED JUDICIAL SYSTEM EQUAL ACCESS TO OUR COURTS - MOTION SHEET - Q272A, WHICH INCLUDES $200,000 IN OTHER FUND EXPENDITURE AUTHORITY.

Moved by:    Peters
Second by:    Bartels
Action:    Prevailed by roll call vote. (16-0-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Sutton, Nesiba

MOTION:    TO SET THE BUDGET FOR SECRETARY OF STATE - MOTION SHEET M3101B WHICH INCLUDES $1,055,184 IN GENERAL FUNDS, $1,300,197 IN FEDERAL FUND EXPENDITURE AUTHORITY, $675,867 IN OTHER FUND EXPENDITURE AUTHORITY AND 15.6 FTES.

Moved by:    Peterson (Sue)
Second by:    Peters


Action:    Prevailed by roll call vote. (13-3-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Peterson (Sue), Lake, Wiik, Hunhoff, Tidemann, Anderson

Voting No:    Howard, Karr, Bartels

Excused:    Sutton, Nesiba

MOTION:    TO SET THE BUDGETS FOR VETERANS' BENEFITS AND SERVICES, STATE VETERANS' HOME AND STATE VETERANS' CEMETERY - MOTION SHEETS G1711A, G1721A AND B1731A WHICH INCLUDES $4,281,534 IN GENERAL FUNDS, $3,480,593 IN FEDERAL FUND EXPENDITURE AUTHORITY, $4,223,213 IN OTHER FUND EXPENDITURE AUTHORITY AND 138.2 FTES.

Moved by:    Peterson (Sue)
Second by:    Haverly
Action:    Prevailed by roll call vote. (16-0-2-0)

Voting Yes:    Cronin, Partridge, Peters, Haverly, White, Ahlers, Carson, Howard, Karr, Peterson (Sue), Lake, Bartels, Wiik, Hunhoff, Tidemann, Anderson

Excused:    Sutton, Nesiba

MOTION:    ADJOURN

Moved by:    Carson
Second by:    White
Action:    Prevailed by voice vote.

Mary Turner & Barb Bjorneberg
Committee Secretaries

____________________________                ____________________________
DAVID L. ANDERSON, Co-Chair                LARRY TIDEMANN, Co-Chair


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