94th Legislative Session _ 2019

Committee: Senate Local Government
Wednesday, February 06, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cammack
P    Ewing
P    Novstrup
P    Steinhauer
P    Wismer
P    DiSanto, Vice-Chair
P    Jensen (Phil), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Vice Chair, DiSanto.

MOTION:    TO APPROVE THE MINUTES OF JANUARY 30, 2019

Moved by:    Cammack
Second by:    Ewing
Action:    Prevailed by voice vote.

    SB 103: provide for an annual transfer of certain unobligated state general funds into the local bridge improvement grant fund.

Presented by:    Senator Al Novstrup
Proponents:    Lorin D Pankratz, South Dakota Association of County Commissioners (handout 1)
        Gary Jaeger, South Dakota Association of County Commissioners
        Duane Sutton, Brown County Commission, self
        Dirk Rogers, Brown County Commision, self
        Dustin Leiseth, Hazel, self
        Representative Carl Perry
        Deb Mortenson, AGC of South Dakota
Opponents:    Steven Kohler, Bureau of Finance and Management

MOTION:    AMEND SB 103


103za

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

"    Section 1. That § 4-7-31 be amended to read:

    4-7-31. There is hereby established within the state treasury the budget reserve fund. Expenditures from the budget reserve fund may occur only by special appropriation of the Legislature and only to redress unforeseen expenditure obligations or unforeseen revenue shortfalls, as may constitute an emergency pursuant to S.D. Const., Art. III, § 1.

    Section 2. That § 4-7-32 be amended to read:

    4-7-32. On July first of each fiscal year, or at such time that as the prior fiscal year general fund ending unobligated cash balance is determined, the commissioner of the Bureau of Finance and Management shall transfer all prior year unobligated cash up to an amount equal to ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year into the budget reserve fund. In no event shall the cash balance in the budget reserve fund be greater than ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year.

    Expenditures out of the budget reserve fund shall only be by special appropriation of the Legislature and shall only redress such unforeseen expenditure obligations or such unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D. Const., Art. III, § 1 as follows:

            (1)    If the combined cash balance of the budget reserve fund and the general revenue replacement fund is less than ten percent of the General Appropriations Act for the prior year, an amount of unobligated cash shall be transferred to the budget reserve fund, so that the combined cash balance of the funds equals ten percent of the General Appropriations Act for the prior year;

            (2)    If any unobligated cash balance remains after the requirements of subdivision (1) are met, the commissioner of the Bureau of Finance and Management shall transfer twenty-five percent of any unobligated cash remaining into the local bridge improvement grant fund created by § 32-11-38;

            (3)    After the requirements of subdivision (2) are met, the commissioner of the Bureau of Finance and Management shall transfer any unobligated cash remaining into the budget reserve fund if the amount in the budget reserve fund does not exceed fifteen percent of the general fund appropriations in the General Appropriations Act for the prior fiscal year;

            (4)    If any unobligated cash balance remains after the requirements of subdivision (3) are met, the commissioner of the Bureau of Finance and Management shall transfer the remaining amount into the general revenue replacement fund .
    Section 3. That § 4-7-39 be repealed.

    4-7-39. The commissioner of the Bureau of Finance and Management shall transfer any unobligated cash remaining after the transfer into the budget reserve fund as required by § 4-7-32 into the general revenue replacement fund if the amount in the general revenue replacement fund does not exceed fifteen percent of the general fund appropriations in the General Appropriations Act for the previous fiscal year. "



Moved by:    Cammack
Second by:    Ewing
Action:    Prevailed by voice vote.

MOTION:    REFER SB 103 TO JOINT COMMITTEE ON APPROPRIATIONS AS AMENDED

Moved by:    Cammack
Second by:    Ewing
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO PASS SB 103 AS AMENDED

Moved by:    Novstrup
Second by:    Wismer
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Ewing, Novstrup, Steinhauer, Wismer, DiSanto

Voting No:    Cammack

Excused:    Jensen (Phil)

    HB 1020: revise certain provisions regarding state building committees for capital improvement projects.

Presented by:    Scott Bollinger, Commissioner, Bureau of Administration
Proponents:    Stacey Langdeau, BOA

MOTION:    DO PASS HB 1020

Moved by:    Cammack
Second by:    Ewing
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Cammack, Ewing, Novstrup, Steinhauer, Wismer, DiSanto, Jensen (Phil)

MOTION:    PLACE HB 1020 ON CONSENT CALENDAR

Moved by:    Steinhauer
Second by:    Ewing
Action:    Prevailed by voice vote.

    HB 1052: revise certain provisions regarding the notice given to county commissioners for special sessions.

Presented by:    Senator Ryan Maher
Proponents:    Roger Tellinghuisen, South Dakota Association of County Commissioners
        Representative Sam Marty

MOTION:    DO PASS HB 1052

Moved by:    Ewing
Second by:    Cammack
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Cammack, Ewing, Novstrup, Steinhauer, Wismer, DiSanto, Jensen (Phil)

MOTION:    PLACE HB 1052 ON CONSENT CALENDAR

Moved by:    Cammack
Second by:    Steinhauer
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Ewing
Second by:    Cammack
Action:    Prevailed by voice vote.

Mary Kirk

____________________________

Committee Secretary
Lynne DiSanto, Vice Chair

../02060845.SLO
Page 1