72nd Legislative Session -- 1997

Committee: Senate Appropriations

Friday, February 14, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dennert
P      Morford-Burg
P      Symens
P      Benson
P      Drake
P      Hainje
P      Kleven
P      Johnson (William), Vice-Chair
P      Frederick, Chair


OTHERS PRESENT: Dale Bertsch, Chief Analyst for Fiscal Research and Budget Analysis; Annie Mertz, Fiscal Analyst; Mark Zickrick, Principal Fiscal Analyst; and Rhonda Purkapile, Senior Legislative Secretary.

The meeting was called to order by Chair Frederick at 8:03 a.m.

MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 3

Moved by:      Senator Kleven
Second by:      Senator Symens
Action:      Prevailed by voice vote.

          SB 108:   to revise budget transfer authority.


MOTION:      AMEND SB 108

tr-108
     On the printed bill, Delete everything after the enacting clause and insert:

"      Section  1.  That § 4-8A-8 be amended to read as follows:

     4-8A-8.   Moneys appropriated on a program basis by the general appropriation act may be transferred between program accounts within or between programs within departments and bureaus or between departments and bureaus to reflect a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution only at the written request of a governing body, department secretary ,

or bureau commissioner, or his designee, in accordance with procedures established by the bureau of finance and management . Moneys appropriated by the general appropriation act may be transferred between institutions of the state only upon written request of the appropriate governing board, and upon specific written approval of the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management. Transfer of moneys appropriated by the general appropriations act between departments, institutions, and bureaus that is not necessary for a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution may only occur at the written request of a governing body, department secretary, or bureau commissioner, or designee, only in accordance with procedures established by the Bureau of Finance and Management and only upon approval by the special committee created in this chapter . The Bureau of Finance and Management shall keep a record of all such authorizations of transfers and make them available for public inspection. The bureau of finance and management shall also submit an informational report detailing all transfers approved to the special legislative committee established in §   4-8A-2. At least ten days prior to approving any transfer of money between departments for purposes other than for which it was originally appropriated by the general appropriations act, the commissioner of the bureau of finance and management shall notify the members of the joint appropriations committee of the proposed transfer. "



Moved by:      Senator Johnson (William)
Second by:      Senator Kleven
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 108 AS AMENDED

Moved by:      Senator Symens
Second by:      Senator Drake
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Morford-Burg, Symens, Benson, Drake, Hainje, Kleven, Johnson (William), Frederick

Excused:      Dennert

          SB 233:   to reinstate the Mickelson Scholars Program and appropriate money therefor.

Comments by:      Curt Everson, Commissioner, Bureau of Finance & Management

MOTION:      DO PASS SB 233

Moved by:      Senator Symens
Second by:      Senator Morford-Burg

MOTION:      SUBSTITUTE MOTION DO NOT PASS SB 233

Moved by:      Senator Drake
Second by:      Senator Johnson (William)
Action:      Withdrawn

MOTION:      SUBSTITUTE MOTION DEFER SB 233 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Drake
Second by:      Senator Johnson (William)
Action:      Prevailed by roll call vote.   (6-2-1-0)

Voting yes:      Benson, Drake, Hainje, Kleven, Johnson (William), Frederick

Voting no:      Morford-Burg, Symens

Excused:      Dennert

          SB 244:   to make an appropriation to fund tax refunds for elderly and disabled persons.


MOTION:      DO PASS SB 244

Moved by:      Senator Drake
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Morford-Burg, Symens, Benson, Drake, Hainje, Kleven, Johnson (William), Frederick

Excused:      Dennert

          SB 250:   to appropriate money for increased personal services for prison guards.

Proponents:      Senator Frank Kloucek

MOTION:      DEFER SB 250 UNTIL ANOTHER DAY

Moved by:      Senator Symens
Second by:      Senator Kleven
Action:      Prevailed by voice vote.

          SB 73:   to increase certain license fees and other fees charged by the Office of the Secretary of State.


MOTION:      DO PASS SB 73

Moved by:      Senator Johnson (William)
Second by:      Senator Hainje
Action:      Prevailed by roll call vote.   (6-3-0-0)

Voting yes:      Benson, Drake, Hainje, Kleven, Johnson (William), Frederick

Voting no:      Dennert, Morford-Burg, Symens

          SB 254:   to provide for education cost equalization grants and make an appropriation therefor.

Proponents:      Representative Richard Hagen
Comments by:      Dale Bertsch, LRC (Document #1)
          Mark Zickrick, LRC (Document #2)

MOTION:      AMEND SB 254

z-254a
     Delete everything after the enacting clause and insert:

"      Section  2.  There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide memorial education cost equalization grants pursuant to chapter 13-55G.

     Section  3.  The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section  4.  That section 2 of chapter 134 of the 1996 Session Laws be amended as follows:

        Section 2. The memorial education cost equalization grant per credit hour for each eligible student shall be the amount appropriated in section 8 of this Act divided by the total number of credit hours taken by all eligible students during the school year.

     Section  5.  That section 3 of chapter 134 of the 1996 Session Laws be amended as follows:

        Section 3. The memorial education cost equalization grant shall be reduced by the amount of benefits provided under the provisions of P.L. 95-471, as amended.

     Section  6.  That section 4 of chapter 134 of the 1996 Session Laws be amended as follows:

        Section 4. Upon receipt of the memorial education cost equalization grant, the eligible student shall immediately pay the full amount of the grant to the college or university in which the student is enrolled.

     Section  7.  That section 5 of chapter 134 of the 1996 Session Laws be amended as follows:


        Section 5. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide memorial education cost equalization grants to non-Indian students attending tribal universities or colleges.

     Section  8.  That section 8 of chapter 134 of the 1996 Session Laws be repealed.

        Section 8. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 1997, shall revert in accordance with §  4-8-21.

     Section  9.  That section 3 of chapter 105 of the 1995 Session Laws be amended as follows:

        Section 3. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide memorial education cost equalization grants as provided in sections 8 to 13, inclusive, of this Act to non-Indian students attending tribal universities or colleges.

     Section  10.  That section 9 of chapter 105 of the 1995 Session Laws be amended as follows:

        Section 9. The memorial education cost equalization grant per credit hour for each eligible student shall be the amount appropriated in section 3 of this Act divided by the total number of credit hours taken by all eligible students during the school year.

     Section  11.  That section 10 of chapter 105 of the 1995 Session Laws be amended as follows:

        Section 10. The memorial education cost equalization grant shall be reduced by the amount of benefits provided under the provisions of P.L. 95-471, as amended to January 1, 1995 .

     Section  12.  That section 11 of chapter 105 of the 1995 Session Laws be amended as follows:

        Section 11. Upon receipt of the memorial education cost equalization grant, the eligible student shall immediately pay the full amount of the grant to the college or university in which the student is enrolled.

     Section  13.  Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, section 7 of this Act shall be in full force and effect from and after its passage and approval. "



Moved by:      Senator Symens
Second by:      Senator Dennert
Action:      Prevailed by voice vote.

MOTION:      TO AMEND TITLE OF SB 254

z-254T
     On page 1 , line 1 , delete everything after "to" and insert " appropriate money for memorial education cost equalization grants and to declare an emergency. " .

     On page 1 , delete line 2 .

Moved by:      Senator Kleven
Second by:      Senator Drake
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 254 AS AMENDED

Moved by:      Senator Symens
Second by:      Senator Morford-Burg
Action:      Prevailed by roll call vote.   (7-2-0-0)

Voting yes:      Dennert, Morford-Burg, Symens, Benson, Drake, Hainje, Kleven

Voting no:      Johnson (William), Frederick

MOTION:      ADJOURN

Moved by:      Senator Symens
Second by:      Senator Kleven
Action:      Prevailed by voice vote.

Chair Frederick adjourned the meeting at 9:30 a.m.


Rhonda Purkapile

_________________________________

Committee Secretary
Randy D. Frederick, Chair


../02140800.SAP    Page 1