94^th Legislative Session _ 2019

Committee: Senate Committee on Appropriations

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Nesiba
P    White
P    Sutton
P    Partridge
P    Maher
P    Kolbeck
P    Greenfield (Brock)
P    Cronin, Vice-Chair
P    Wiik, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Wiik.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 20, 2019

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

    SB 131: accommodate legislation on Medicaid provider reimbursements.

Presented by:    Senator John Wiik

MOTION:    DO PASS SB 131

Moved by:    Partridge
Second by:    Kolbeck
Action:    Prevailed by roll call vote. (9-0-0-0)

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Voting Yes:    Nesiba, White, Sutton, Partridge, Maher, Kolbeck, Greenfield (Brock), Cronin, Wiik

    SB 132: accommodate legislation on education.

Presented by:    Senator John Wiik

MOTION:    DO PASS SB 132

Moved by:    Partridge
Second by:    Maher
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Nesiba, White, Sutton, Partridge, Maher, Kolbeck, Greenfield (Brock), Cronin, Wiik

    SB 133: accommodate legislation to lower the state sales and use tax.

Presented by:    Senator John Wiik
Proponents:    Senator Reynold Nesiba

MOTION:    DO PASS SB 133

Moved by:    Partridge
Second by:    Sutton
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Nesiba, White, Sutton, Partridge, Maher, Kolbeck, Greenfield (Brock), Cronin, Wiik

    SB 116: provide for the transfer of funds from the future fund to the education enhancement trust fund for the purpose of funding needs-based grants.

Presented by:    Senator Reynold Nesiba
Opponents:    Derek Johnson, Bureau of Finance and Management
Others:    Paul B. Beran, Board of Regents

MOTION:    AMEND SB 116

116zd

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

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

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    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:

            (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.

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    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:    Nesiba
Second by:    Greenfield (Brock)
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 116 AS AMENDED

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

Voting Yes:    Nesiba, White, Sutton, Partridge, Maher, Kolbeck, Greenfield (Brock), Cronin, Wiik

MOTION:    AMEND TITLE OF SB 116

116ztb

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for an annual transfer of certain unobligated state general funds for the purpose of funding needs-based grants.".

    On page 1, delete line 2.

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

    SCR 7: Directing the Executive Board to create a fifteen-member task force to study and make legislative proposals regarding alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances.

Presented by:    Senator Craig Kennedy

MOTION:    ADOPT RESOLUTION SCR 7

Moved by:    Greenfield (Brock)

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Second by:    Maher
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Nesiba, White, Sutton, Partridge, Maher, Kolbeck, Greenfield (Brock), Wiik

Excused:    Cronin

    SB 167: revise provisions regarding public safety.

Presented by:    Senator Jeff Partridge
Proponents:    Senator Craig Kennedy

MOTION:    AMEND SB 167

167wa

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

"    Section 1. That chapter 2-6 be amended by adding a NEW SECTION to read:

    There is hereby established an interim task force comprised of a total of fifteen members, with any vacancy on the task force to be filled in the same manner as the original appointment, and including:

            (1)    Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (2)    Three members of the House of Representatives, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (3)    The secretary of the Department of Social Services;

            (4)    The secretary of the Department of Corrections;

            (5)    The attorney general;

            (6)    Two members to be appointed by the Governor who are members of the law enforcement community, including a sheriff and a state's attorney;

            (7)    Two members from the Unified Judicial System; and

            (8)    Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner.

    Section 2. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The task force established under section 1 of this Act shall study and evaluate:

            (1)    The crime of unauthorized ingestion of controlled drugs or substances under § 22-42-5.1,

including the number of arrests, convictions, and rates of recidivism since the law was enacted in 2013;

            (2)    Alternatives to imprisonment for any person charged and convicted under § 22-42-5.1 more adequately to assist the person with substance abuse issues;

            (3)    Possible funding alternatives as well as the financial ramifications through the reclassification of the penalty under §  22-42-5.1 from a felony to a misdemeanor on the state, the counties of the state, law enforcement, substance abuse treatment facilities, and any other interested person that may be affected by the reclassification of the penalty.

    Section 3. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The task force established under section 1 of this Act shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations.

    Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The interim legislative committee shall be under the supervision of the Executive Board of the
Legislative Research Council and staffed and funded as an interim legislative committee not in excess of twenty-one thousand dollars.

    Section 5. This Act is repealed on July 1, 2020."

Moved by:    Greenfield (Brock)
Second by:    Nesiba
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 167 AS AMENDED

Moved by:    Kolbeck
Second by:    White
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Nesiba, White, Sutton, Partridge, Maher, Kolbeck, Cronin, Wiik

Excused:    Greenfield (Brock)

MOTION:    AMEND TITLE OF SB 167

167wta

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    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish a task force to study the crime of ingestion of controlled substances.".

                        

Moved by:    Partridge
Second by:    Nesiba
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Partridge
Second by:    Kolbeck
Action:    Prevailed by voice vote.

Mary Turner

Committee Secretary

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