75th Legislative Session -- 2000

Committee: House Appropriations

Tuesday, February 22, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Cerny
P      Burg
P      Sutton (Daniel)
P      Derby
P      Clark
P      Pummel
P      Klaudt
P      Wudel
P      Putnam, Vice-Chair
P      Richter, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Richter

Mr. Bill Pike and Mr. Dale Bertsch, LRC, staffed the meeting.

          SB 18:   revise the eligibility requirements under which certain members of the South Dakota Retirement System can retire without a reduction in benefits.



MOTION:      TO TABLE SB 18

Moved by:      Representative Klaudt
Second by:      Representative Clark
Action:      Prevailed by roll call vote.   (7-2-1-0)

Voting yes:      Derby, Clark, Pummel, Klaudt, Wudel, Putnam, Richter

Voting no:      Cerny, Burg

Excused:      Sutton (Daniel)


          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:      DO PASS SB 27

Moved by:      Representative Putnam
Second by:      Representative Pummel
Action:      Prevailed by roll call vote.   (8-1-1-0)

Voting yes:      Cerny, Burg, Derby, Clark, Pummel, Wudel, Putnam, Richter

Voting no:      Klaudt

Excused:      Sutton (Daniel)

          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:      Representative Cerny
Second by:      Representative Putnam
Action:      Prevailed by roll call vote.   (5-4-1-0)

Voting yes:      Cerny, Burg, Klaudt, Wudel, Putnam

Voting no:      Derby, Clark, Pummel, Richter

Excused:      Sutton (Daniel)

MOTION:      DO PASS SB 41 AS AMENDED

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

Voting yes:      Cerny, Burg, Derby, Clark, Pummel, Klaudt, Wudel, Putnam, Richter

Excused:      Sutton (Daniel)

          SB 196:   amend the General Appropriations Act for fiscal year 2000.



MOTION:      AMEND SB 196

196bb

     On page 1 , delete lines 14 and 15 of the Senate Appropriations committee engrossed bill .

     On page 2 , line 4 , delete " This " and insert " Section 1 of this " .

     On page 2 , after line 4 , insert:

"      Section 3. The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated from the fund. The fund shall be invested according to § §  4-5-23 and 4-5-26.

     Section 4. Interest earned on money received from the Master Settlement Agreement signed November 23, 1998, by the attorneys general of several states and by various tobacco companies shall be deposited in the tobacco prevention and reduction trust fund. This section is repealed when three million dollars of interest earnings has been deposited in the tobacco prevention and reduction trust fund or on July 1, 2001.

     Section 5. Money in the tobacco prevention and reduction trust fund shall be used for tobacco use prevention and cessation programs and grants as follows:

             (1)    Community based programs;

             (2)    School based programs;

             (3)    State-wide programs;

             (4)    Cessation programs;

             (5)    Public education and counter marketing;

             (6)    Enforcement of effective tobacco laws;

             (7)    Evaluation of tobacco programs; and

             (8)    Administration and oversight.

     Section 6. There is created an eleven member Tobacco Prevention and Reduction Trust Fund Advisory Board. The Governor shall appoint six members to the board, the Speaker of the House of Representatives shall appoint three members to the board, and the President Pro Tempore of the Senate shall appoint two members to the board. The terms of the initial appointments shall be: four members appointed to a one year term, four members appointed to a two year term, and three members appointed to a three year term. All subsequent appointments shall be for a three year term. Any member appointed to fill a vacancy other than the natural expiration of a term shall serve for only the unexpired portion of the term. No member of the board may be affiliated with the tobacco industry. The board shall meet at least two times per year.

     Section 7. The Tobacco Prevention and Reduction Trust Fund Advisory Board, in collaboration with the Department of Human Services, shall develop and approve a state-wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under section 5 of this Act may be appropriately evaluated. The board shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance.

     Section 8. The Tobacco Prevention and Reduction Trust Fund Advisory Board shall submit an annual report to the Governor and the Legislature. The annual report shall detail the progress toward meeting program goals and objectives, including reporting on changes in tobacco consumption, tobacco use rates and attitudes towards tobacco, especially among children and other high risk populations.

     Section 9. There is hereby appropriated from the tobacco prevention and reduction trust fund the sum of three million dollars ($3,000,000), or so much thereof as may be necessary, to the Department of Human Services to implement a comprehensive tobacco prevention and cessation program.

     Section 10. The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 9 of this Act.

     Section 11. Any amounts appropriated in section 9 of this Act not lawfully expended or obligated by June 30, 2001, shall revert in accordance with §  4-8-21. "



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

MOTION:      AMEND SB 196

196db

     On page 1 , between lines 10 and 11 of the Senate Appropriations committee engrossed bill , insert:

" DEPARTMENT OF TOURISM
    Tourism
        Operating Expenses, delete the first "$0" and insert "$500,000". "


     On page 1 , line 13 , delete " $1,626,355 " and insert " $1,126,355 " .

     On page 1 , delete lines 14 to 16 , inclusive , and insert:

" BOARD OF REGENTS
    Regents Central Office
        Operating expenses, delete "$2,446,360" and insert "$7,446,360". "


     On page 2 , delete lines 1 and 2 .

     On page 2 , between lines 3 and 4 , insert:

"      Section 2. Any general funds appropriated by this Act which are unspent at the end of fiscal year 2000 shall be carried over to fiscal year 2001. "



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

MOTION:      DO PASS SB 196 AS AMENDED

Moved by:      Representative Putnam
Second by:      Representative Clark
Action:      Prevailed by roll call vote.   (7-3-0-0)

Voting yes:      Derby, Clark, Pummel, Klaudt, Wudel, Putnam, Richter

Voting no:      Cerny, Burg, Sutton (Daniel)

MOTION:      TO AMEND TITLE OF SB 196

196bta

     On page 1 , line 2 of the Senate Appropriations committee engrossed bill , after " 2000 " insert " and to create a tobacco prevention and cessation program and trust fund and to make an appropriation therefor " .


Moved by:      Representative Putnam
Second by:      Representative Pummel
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Putnam
Second by:      Representative Klaudt
Action:      Prevailed by voice vote.



Jeanette Black_________________________________
Committee Secretary

Mitch Richter, Chair


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