House Appropriations Minutes 2/18/2009 08:00 AM

(3) The paleontology building at the South Dakota School of Mines and Technology in Rapid City, South Dakota, for an estimated cost of seven million sixty-three thousand nine hundred sixty-three dollars and not to exceed thirty-five thousand gross square feet ;

Section 3. That section 7 of chapter 29 of the 1008 Session Laws be amended to read as follows:

Section 7. Rental payments under the terms of the lease authorized in section 8 6 of this Act shall be paid from appropriations to be made by the Legislature for the payment of such rent to support the purpose and the payment of bonds issued to cover up to thirty-two million five hundred thousand dollars of construction costs authorized in section 1 of this Act. Rental payments under the terms of the lease authorized in section 8 6 of this Act shall be paid from higher education facility fees or from special student fees assessed by the Board of Regents for the payment of bonds issued to cover up to forty-two million dollars of construction costs authorized in section 1 of this Act.

Section 4. That chapter 29 of the 2008 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

Section 8. Notwithstanding any other restriction in this Act to the contrary, the total project cost authorized for the projects identified in subdivisions (2) and (3) of section 2 of this Act may be increased by donations and grants received by the Board of Regents for the purposes of this Act, and the Building Authority and the Board of Regents are hereby authorized to expend such grants and donations for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services and improvements as may be required to erect the improvements authorized in subdivisions (2) and (3) of section 2 of this Act. However, no adjustments to any cost estimate may exceed one hundred twenty-five percent of the authorized expenditure authority stated in subdivisions (2) and (3) of section 2 of this Act or one hundred ten percent of the gross square footage authorized by subdivisions (2) and (3) of section 2 of this Act; provided that increases in gross square footage estimates may be made only to accommodate design changes needed to comply with building code requirements, to address unforeseeable structural, subsoil, or environmental conditions, or to accommodate building program changes in the facility design plan.

Section 5. That section 1 of chapter 99 of the 2008 Session Laws be amended to read as follows:

Section 1. The Board of Regents may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services and improvements as may be required to erect, a student athlete development center , not to exceed thirty thousand gross square feet, on the campus of South Dakota State University in Brookings, in Brookings County, at an estimated cost of six million dollars.

Section 6. That section 2 of chapter 99 of the 2008 Session Laws be amended to read as follows:

Section 2. ~~There is hereby appropriated~~ The Board of Regents is hereby authorized to expend the sum of six million dollars ($ 6,000,000 ), or so much thereof as may be necessary, of other fund expenditure authority, payable from funds donated for the purposes of this Act, ~~to the Board of Regents~~ for the ~~construction~~ total project cost authorized by this Act.

Section 7. That chapter 99 of the 2008 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

Section 4. Notwithstanding any other restriction in this Act to the contrary, the total project cost may be increased based on the receipts of grants or donations received pursuant to this Act. However, no adjustment to any cost estimates authorized by this Act may exceed one hundred twenty-five percent of the authorized expenditure authority stated in section 2 of this Act or one hundred ten percent of the gross square footage authorized by this Act; provided that increases in gross square footage estimates may be made only to accommodate design changes needed to comply with building code requirements, to address unforeseeable structural, subsoil, or environmental conditions, or to accommodate building program changes in the facility design plan.

Section 8. For the purposes of this Act, the term, gross square footage, means the sum of all areas on all floors of a building included within the outside faces of the building's exterior walls, including floor penetration areas, however insignificant, for circulation and shaft areas that connect one floor to another as computed by physically measuring or scaling measurements from the outside faces of exterior walls, disregarding cornices, pilaster, buttresses, etc., which extend beyond the wall faces. The term includes excavated basement area; mezzanines, penthouses, and attics; garages; multiple floor parking structures; enclosed porches, inner or outer balconies whether walled or not, if the balconies are utilized for operational functions; and corridors whether walled or not, if the corridors are within the outside face lines of the building, to the extent of the roof drip line and the footprints of stairways, elevator shafts, and ducts on each floor through which the corridors pass. The term does not include open areas such as unenclosed parking lots, playing fields, courts, and light wells, clear span areas not exceeding three feet in height, or portions of upper floors eliminated by rooms or lobbies that rise above single-floor height.

Section 9. 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."