75th Legislative Session -- 2000

Committee: Senate Appropriations

Tuesday, February 8, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dennert
P      Duxbury
P      Lange
P      Benson
P      Bogue
P      Hainje
P      Kleven
P      Staggers
P      Drake, Vice-Chair
P      Frederick, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Frederick


          SB 104:   appropriate money for the Northern Crops Institute.



MOTION:      DO PASS SB 104

Moved by:      Senator Benson
Second by:      Senator Dennert
Action:      Prevailed by roll call vote.   (9-1-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Drake, Frederick

Voting no:      Staggers

          SB 186:   appropriate funds for increased salaries for direct care employees of adjustment training centers and nursing facilities.



MOTION:      DEFER SB 186 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Kleven
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (7-3-0-0)

Voting yes:      Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

Voting no:      Dennert, Duxbury, Lange

MOTION:      SUBSTITUTE MOTION AMEND SB 186

186pa

     On page 1 , line 11 of the printed bill , delete " 2001 " and insert " 2002 " .

     On page 2 , line 2 , delete " 2001 " and insert " 2002 " .


Moved by:      Senator Dennert
Second by:      Senator Lange
Action:      Failed by voice vote.

MOTION:      SUBSTITUTE MOTION DO PASS SB 186

Moved by:      Senator Dennert
Second by:      Senator Lange
Action:      Withdrawn.

          SB 196:   provide for the deposit of certain funds into the general fund and to declare an emergency.



MOTION:      DO PASS SB 196 AS AMENDED

Moved by:      Senator Bogue
Second by:      Senator Drake
Action:      Prevailed by roll call vote.   (9-1-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Drake, Frederick

Voting no:      Staggers

          SB 200:   make an appropriation to fund tax refunds for the elderly and disabled persons.



MOTION:      DO PASS SB 200

Moved by:      Senator Staggers
Second by:      Senator Dennert
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 201:   make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.



MOTION:      DO PASS SB 201

Moved by:      Senator Hainje
Second by:      Senator Drake
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 26:   authorize the Board of Regents to contract for active depositories for the board and for the institutions under their control.

Proponents:      Dennis McFarland, First National Bank in Brookings South Dakota

MOTION:      DEFER SB 26 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Drake
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 27:   appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs.



MOTION:      TO AMEND TITLE OF SB 27

27ba

     On page 1 , line 1 of the printed bill , delete " annually " .


Moved by:      Senator Hainje
Second by:      Senator Duxbury
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 27 AS AMENDED

Moved by:      Senator Hainje
Second by:      Senator Duxbury
Action:      Prevailed by roll call vote.   (9-1-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Hainje, Kleven, Staggers, Drake, Frederick

Voting no:      Bogue

          SB 41:   authorize expenditures out of the water and environment fund, to amend the state water plan, and to declare an emergency.



MOTION:      AMEND SB 41

41bb

     On page 2 , after line 25 of the printed bill , insert:

"      Section 6. There is hereby appropriated from the South Dakota water and environment fund established pursuant to §  46A-1-60, the sum of forty thousand dollars ($40,000), or so much thereof as may be necessary, to the South Dakota Conservancy District for the purpose of providing a loan to local project sponsors to be used to implement the Lake Andes Wagner Irrigation Project authorized in §  46A-1-13.6. Funds shall be provided according to terms and conditions established by the Board of Water and Natural Resources. "



Moved by:      Senator Benson
Second by:      Senator Kleven
Action:      Failed by voice vote.

MOTION:      DO PASS SB 41 AS AMENDED

Moved by:      Senator Benson
Second by:      Senator Kleven
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 67:   establish the Governor's Scholars Program and to make an appropriation therefor.



MOTION:      TO TABLE SB 67

Moved by:      Senator Bogue
Second by:      Senator Drake
Action:      Prevailed by roll call vote.   (6-3-1-0)

Voting yes:      Bogue, Hainje, Kleven, Staggers, Drake, Frederick

Voting no:      Dennert, Duxbury, Lange

Excused:      Benson

Senator Hainje assumed the chair.


          SB 76:   repeal the sales and use tax collection fund.



MOTION:      AMEND SB 76

76ba

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

"
     Section  1.  That chapter 10-39 be amended by adding thereto a NEW SECTION to read as follows:

     In addition to the tax imposed by this chapter, there is hereby imposed a tax of two dollars per ounce of gold severed in this state to be used for state matching funds for any mine cleanup conducted pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, also known as superfund, as amended to January 1, 2000, and associated long-term water treatment, monitoring, and maintenance of the mine cleanup action. This tax of two dollars

per pounce of gold severed shall be collected for calendar years 2001 through 2008. The tax imposed by this section shall be administered and collected in the same manner as the mineral severance tax imposed by this chapter except that the proceeds shall be deposited in a separate fund in the treasury known as the mined land cleanup superfund matching fund. All interest attributable to investment of the money in the fund shall be deposited into the fund. The mined land cleanup superfund matching fund is hereby continuously appropriated for expenditure by the secretary of the Department of Environment and Natural Resources for the purpose of providing state matching funds for mine cleanups conducted under the federal Comprehensive Environmental Response, Compensation, and Liability Act, also known as superfund, as amended to January 1, 2000, and associated long-term water treatment, monitoring, and maintenance of the mine cleanup action. All money received and expended by the fund shall be set forth in an informational budget pursuant to §  4-7-7.2 and be annually reviewed by the Legislature.

     Section  2.  That chapter 34A-12 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby established in the state treasury a separate fund known as the superfund mine cleanup long-term water treatment, monitoring, and maintenance fund. On July 1, 2000, the total of any forfeited mine surety from any mine subject to cleanup under the federal Comprehensive Environmental Response, Compensation, and Liability Act, also known as superfund, as amended to January 1, 2000, and all interest attributable to investment of any such surety shall be transferred from the special revenue fund established pursuant to §  45-6B-69 to the superfund mine cleanup long-term water treatment, monitoring, and maintenance fund. After July 1, 2000, all interest attributable to investment of the money in the superfund mine cleanup long-term water treatment, monitoring, and maintenance fund shall be deposited into the fund, and to the extent possible, only the interest shall be used to provide for the long-term water treatment, monitoring, and maintenance of the cleanup. The secretary of the Department of Environment and Natural Resources may expend the principle upon making a finding that its expenditure is reasonable and necessary to protect public health, safety, or the environment. The superfund mine cleanup long-term water treatment, monitoring, and maintenance fund is hereby continuously appropriated for expenditure by the secretary of the Department of Environment and Natural Resources for the purpose of providing for the long-term water treatment, monitoring, and maintenance of any mine cleanup conducted under the federal Comprehensive Environmental Response, Compensation, and Liability Act, also known as superfund, as amended to January 1, 2000. All money received and expended by the fund shall be set forth in an informational budget pursuant to §  4-7-7.2 and be annually reviewed by the Legislature. "



Moved by:      Senator Frederick
Second by:      Senator Drake
Action:      Was not acted on.

MOTION:      TO TABLE SB 76 with pending amendment

Moved by:      Senator Staggers
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (7-3-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Staggers, Drake

Voting no:      Hainje, Kleven, Frederick

          SB 115:   establish a teacher merit pay program and to make an appropriation therefor.

Senator Duxbury presented information to the committee (Document 1).


MOTION:      DEFER SB 115 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Bogue
Second by:      Senator Frederick
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS SB 115

Moved by:      Senator Duxbury
Second by:      Senator Lange
Action:      Failed by roll call vote.   (2-8-0-0)

Voting yes:      Duxbury, Kleven

Voting no:      Dennert, Lange, Benson, Bogue, Hainje, Staggers, Drake, Frederick

MOTION:      DEFER SB 115 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Frederick
Second by:      Senator Drake
Action:      Prevailed by roll call vote.   (6-4-0-0)

Voting yes:      Dennert, Lange, Benson, Bogue, Staggers, Drake

Voting no:      Duxbury, Hainje, Kleven, Frederick

MOTION:      ADJOURN

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




Kendra Richey

_________________________________

Committee Secretary
Randy D. Frederick, Chair


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