72nd Legislative Session -- 1997

Committee: House Appropriations

Friday, February 28, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Cerny
P      Duxbury
P      Sokolow
P      Derby
P      Jaspers
P      Kredit
P      McNenny
P      Munson (Donald)
P      Richter, Vice-Chair
P      Putnam, Chair


Chair Putnam called the meeting of the House Committee on Appropriations to order on February 28, 1997, at 8:10 a.m. in Legislative Conference Room # 1of the Capitol Building, Pierre, South Dakota. LRC staff present during the meeting included Dale Bertsch, Chief Analyst for Fiscal Research and Budget Analysis; Mark Zickrick, Principal Fiscal Analyst; David Becker, Senior Fiscal Analyst; Annie Mertz, Fiscal Analyst; William Pike, Fiscal Analyst; and Arlene Krueger, Senior Session Secretary. A list of guests attending the meeting and all documents presented are filed with the original minutes.

MOTION:      TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 27

Moved by:      Representative Derby
Second by:      Representative Jaspers
Action:      Prevailed by voice vote.


          SB 72:   to revise certain provisions relating to state aid to education and to require a legislative interim study of educational opportunities and to declare an emergency.

Presented by:      Bob Stevens, representing the South Dakota Education Association, who expressed concern on the portion of the Senate amendment dealing with special education

The gavel was passed to Vice Chair Richter at this time.


Proponents:      Gene Enck, representing the Associated School Boards of South Dakota
          Dianna Miller, representing the ESD+3 School Districts, appeared as a reluctant     proponent, expressing 100% support on the increase from 2.7% to 3%, but not supporting the special education section.
        Christie Johnson, representing the School Administrators of South Dakota, spoke             as a proponent of the bill in its original form.
        Penelope Douglas, representing the South Dakota Coalition of Small Schools,             echoed the special education concerns brought forward.
        Curt Everson, Bureau of Finance and Management, spoke to the amendment.
Opponents:    None


MOTION:      DO PASS SB 72

Moved by:      Representative Putnam
Second by:      Representative Jaspers
Action:      Was not acted on.

SUBSTITUTE MOTION:      DEFER SB 72

Moved by:      Representative Derby
Second by:      Representative Sokolow
Action:      Was not acted on.

          SB 108:   to revise budget transfer authority.

Presented by:      Representative J. E. (Jim) Putnam
Proponents:      Curt Everson, Commissioner of the Bureau of Finance and Management, supporting the bill in the amended form
Opponents:    None

MOTION:      DO PASS SB 108

Moved by:      Representative McNenny
Second by:      Representative Duxbury
Action:      Prevailed by unanimous roll call vote.   (10-0-0-0)

Voting yes:      Cerny, Duxbury, Sokolow, Derby, Jaspers, Kredit, McNenny, Munson (Donald), Richter, Putnam

The gavel was returned to Chair Putnam.


          SB 254:   to appropriate money for memorial education cost equalization grants and to declare an emergency.


MOTION:      AMEND SB 254

z-254c

     On the Senate Appropriations committee engrossed bill, delete everything after the enacting clause and insert:

"      Section  1.  There is hereby appropriated from the general fund the sum of one hundred fifty thousand dollars ($150,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide grants to Cheyenne River Community College in Eagle Butte, Oglala Lakota College in Kyle, Sinte Gleska University in Rosebud, and Sisseton-Wahpeton Community College in Sisseton, provided the institutions maintain accreditation by the North Central Association of Colleges and Secondary Schools.

     Section  2.  In awarding the grants, the department shall calculate each institution's share of the funds in section 1 of this Act by multiplying the total appropriation by the percentage of total enrollment at each institution.

     Section  3.  Any institution receiving a grant pursuant to this Act shall provide the department a copy of the institution's nondiscrimination policy whereby the institution does not engage in and will discipline acts of discrimination on the basis of race, sex, religion, or natural origin in regards to its employment practices.

     Section  4.  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  5.  That section 5 of chapter 134 of the 1996 Session Laws be repealed.

        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 cost equalization grants to non-Indian students attending tribal universities or colleges.

     Section  6.  That section 3 of chapter 105 of the 1995 Session Laws be repealed.

        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 cost equalization grants as provided in sections 8 to 13, inclusive, of this Act to non-Indian students attending tribal universities or colleges. "




Moved by:      Representative Richter ( Document AG)
Second by:      Representative McNenny
Action:      Prevailed by unanimous voice vote.


CONSIDERATION OF SB 254 AS AMENDED

Proponents:      Representative Dick Hagen
Opponents:      None
Comments by:      Dale Bertsch, Legislative Research Council


MOTION:      DO PASS SB 254 AS AMENDED

Moved by:      Representative Sokolow
Second by:      Representative Cerny
Action:      Prevailed by roll call vote.   (9-1-0-0)

Voting yes:      Cerny, Duxbury, Sokolow, Derby, Jaspers, Kredit, McNenny, Munson (Donald), Putnam

Voting no:      Richter


MOTION:      TO AMEND TITLE OF SB 254
z-254ta

     On page 1 , line 1 of the Senate Appropriations committee engrossed bill , delete everything after " for " and insert " grants to tribal institutions. " .

     On page 1 , delete line 2 .

Moved by:      Representative Richter
Second by:      Representative Sokolow
Action:      Prevailed by voice vote.


          SB 72:   to revise certain provisions relating to state aid to education and to require a legislative interim study of educational opportunities and to declare an emergency.

The pending motion to defer SB 72 was withdrawn.

CONSIDERATION OF THE ORIGINAL MOTION DO PASS SB 72



MOTION:      SUBSTITUTE MOTION AMEND SB 72 TO DELETE SECTION 8 AS FOLLOWS:
z-72d

     On page 4 of the Senate engrossed bill , delete lines 6 to 9 , inclusive .


Moved by:      Representative McNenny
Second by:      Representative Kredit
Action:      Prevailed by voice vote. Representatives Cerny and Duxbury dissented.

Comments by:    Curt Everson, Bureau of Finance and Management, spoke to the catastrophic aid             provisions.


MOTION:      DO PASS SB 72 AS AMENDED

Moved by:      Representative McNenny
Second by:      Representative Jaspers
Action:      Prevailed by roll call vote.   (8-2-0-0)

Voting yes:      Cerny, Duxbury, Derby, Jaspers, Kredit, McNenny, Munson (Donald), Putnam

Voting no:      Sokolow, Richter

MOTION:      TO AMEND TITLE OF SB 72

z-72t
     On page 1 , line 2 of the Senate engrossed bill , delete " and to require a legislative interim study of educational opportunities " .


Moved by:      Representative McNenny
Second by:      Representative Cerny
Action:      Prevailed by voice vote.



          SB 10:   to authorize the Board of Regents to enter into cooperative purchasing agreements with the North Dakota State Board of Higher Education.

Jim Shekleton, Board of Regents, distributed SB 10 Bill Brief, Document AH.
The Chair was assumed by Vice Chair Richter.


MOTION:      DO PASS SB 10

Moved by:      Representative Kredit
Second by:      Representative Duxbury
Action:      Was not acted on.

MOTION:      DEFER SB 10 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Putnam
Second by:      Representative McNenny
Action:      Prevailed by roll call vote.   (6-4-0-0)

Voting yes:      Cerny, Jaspers, McNenny, Munson (Donald), Richter, Putnam

Voting no:      Duxbury, Sokolow, Derby, Kredit

Representative Munson suggested a Letter of Intent be drafted directing the Board of Regents and the Bureau of Administration to work together to attain optimal levels of cooperative purchasing within the state and to work toward development of cooperative purchasing with North Dakota.

Chair Putnam resumed the Chair.

     SB 109:   to appropriate money for rural school and community renewal.


MOTION:      TO TABLE SB 109

Moved by:      Representative Richter
Second by:      Representative McNenny
Action:      Failed by roll call vote.   (4-6-0-0)

Voting yes:      Kredit, McNenny, Richter, Putnam

Voting no:      Cerny, Duxbury, Sokolow, Derby, Jaspers, Munson (Donald)


MOTION:
     DEFER SB 109 TO THE 35TH LEGISLATIVE DAY

Moved by:      Representative Duxbury
Second by:      Representative Cerny

Point of order being raised, Dale Bertsch, LRC, advised the Committee can send out an amended bill on Monday; thereafter it would require a rule suspension.


MOTION:      SUBSTITUTE MOTION TO AMEND SB 109 AS FOLLOWS:

        CHANGE $250,000 TO $125,000

Moved by:      Representative Jaspers
Second by:      Representative Duxbury
Action:      Failed by voice vote.

CONSIDERATION OF ORIGINAL MOTION:      DEFER SB 109 UNTIL THE 35TH LEGISLATIVE DAY

Action:      Prevailed by voice vote.

Representative Munson requested a history of the Youth-At-Risk Fund.


MOTION:      ADJOURN

Moved by:      Representative Sokolow
Second by:      Representative Richter
Action:      Prevailed by voice vote.


Respectfully submitted,
Arlene G. Krueger

_________________________________

Committee Secretary
J.E. “Jim” Putnam, Chair


../02280800.HAP    Page 1