76th Legislative Session _ 2001

Committee: Senate Appropriations
Friday, February 23, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Putnam, Vice-Chair
P    Madden
P    Koskan
P    Kleven
P    Greenfield
P    Apa
P    Duxbury
P    Dennert
P    Drake, Chair

OTHERS PRESENT: See Original Minutes

Mr. Dale Bertsch, Ms. Annie Mertz, and Mr. Mark Zickrick, LRC, staffed the meeting.

The meeting was called to order by Chairman Drake

(Meeting jointly with House Appropriations)

Department of Education and Cultural Affairs

Ray Christensen, Secretary, Department of Education & Cultural Affairs, responded to concerns of the committee with regards to training of teachers for TTL. He said they have 1200 teachers signed up for the basic TTL; 100 signed up for DTL; and 100 signed up for the Network training at both the School of Mines and at Vermillion.

Mr. Christensen said that after this summer every school district in the state will have someone that has gone through the network training. He reported that they are having a problem with trained personnel being hired by private industry.

Mr. Todd Vik, Department of Education & Cultural Affairs, informed the committee that money for

the TTL training comes from federal grants.

In response to questions from the committee on the drop in school district reserves, Mr. Vik replied that the reserve has dropped from $196 million to $172 million.

Mr. Christensen added that reserves are a voluntary choice made by school boards. He also explained that included in a variety of reasons for the decline in resources in schools is declining enrollment. This is going to mean that schools are having to deal with difficult program choices.

Unified Judicial System

Mr. Jack Ellenbecker, Budget & Finance Officer, provided the committee with a printout of Court Automation Funding listing the statute and fee (Document #1). These fees include: surcharge of $15 for civil filings; surcharge of $5.50 to $25.50 on criminal filings; surcharge of $20 for filing with Supreme Court; criminal record searches, $15 or $5; nonresident attorney permitted to practice, $50; and victim compensation, 3%.

These funds are used in three areas of computer technology: payments to BIT; payment for contracted programmers; and purchase of hardware and software. They employ 3 FTE from this fund.

Board of Regents

Mr. Jim Abbott, President, University of South Dakota, spoke to the committee regarding the licensing fee between Sioux Valley Hospital and the University of South Dakota.

Mr. Abbott said after he became president at USD it became clear that without outside funds they would not be able to accomplish the needed building and remodeling projects on campus. A campaign was started to raise $60 million for these projects.

Mr. Abbott stressed that without both Avera McKennan Hospital and Sioux Valley there would be no School of Medicine as USD does not have hospital facilities on campus. He said that both hospitals have donated money to the School of Medicine, and both had interest in some use of the “University” name..

Since third and fourth year medical students work out of a building at Sioux Valley, he approached Sioux Valley about a $5 million contribution initially for a naming proposal of the Dakota Dome, the money being vital for replacement of the roof. He said they were not interested in that, but it led to discussions on incorporating the University of South Dakota name with Sioux Valley Hospital.


He said both hospitals had filed incorporation papers with the Secretary of State, Sioux Valley and Avera McKennan & University Health Services. Both assumed adding University to their name added strength.

A deal was reached with Sioux Valley wherein they are leasing the name for 30 years. Sioux Valley wanted assurance that if they contributed $10 million to the University of South Dakota Foundation, therefore they have a 30 year contract for the exclusive use of the name. Mr. Abbott said he had consulted with several attorneys, including the attorney for the Board of Regents, and they all felt that this licensing action was within the law. Dr. Jim Shekleton, Board of Regents, advised the committee that money coming into the foundation need not go through the general fund.

In the committee discussion that followed, Senator Drake commented that there is a difference between selling T-shirts that have the University name on them and selling the name of the University of South Dakota..

Mr. Gary Hoscheid, Legislative Audit, addressed the committee. He said a request for an Attorney General opinion has been filed.

Senator Apa asked about the University Physicians Clinics in Rapid City, Mr. Abbott responded that they were affiliated with the University of South Dakota and spend one-third of their time training third and fourth year medical students.


Revenue Projections

Mr. Dale Bertsch, LRC, provided the committee with a printed copy of FY2001 and FY2002 General Fund Revenue Estimate (Document #2).

Mr. Bertsch told the committee there are countless factors which affect the amount of sales and use tax paid into the state treasury in any fiscal year. These factors include economic variables that are quantifiable such as production, income, and consumer price data. Other factors are measurements of consumer confidence, natural occurrences such as drought, flood, blizzards, etc. Also entering into the mix are changes in consumer patterns and changes to the tax laws that may provide for tax exemptions or expansions to the tax base.

He reported that there has been a strong growth in total sales tax revenue since 1998: 1998-$388.5 million; 1999-$405.3; and 2000-$430.3 million.

Mr. Bertsch explained the method used to predict sales tax in any year based upon his regression analysis formula. His formula derived would multiply the previous year by 1.0486 (an increase of 4.86%, and add $3,577,400 to the result. The FY2002 projection is a result of increasing the FY2001

estimate by 4.86% and adding $3,577,400 to the result. This makes for a base estimate for FY2002 of $481.7 million, which is a projected increase of 5.64%.

Mr. Bertsch's estimates continue as follows:

Sales & Use Tax
Actual FY1999, including base and adjustments: $432,084,154; Estimated FY2001: $456,434,579; Projected FY2002 $482,082,015

Contractor's Excise Tax
Actual FY2000: $47,555,167; Estimated FY 2001: $50,800,000; Projected FY2002 $53,340,000

Alcohol Beverage Tax
Actual FY2000: $7,459,185; Estimated FY2001: $7,700,000; projected FY2002: $7,700,000

Alcohol Beverage 2% Wholesale Tax
Actual FY2000: $703,642; estimated FY2001: $700,000; projected FY2002: $700,000

Cigarette Tax
Actual FY2000: $19,081,853; estimated FY2001: $19,200,000; projected FY2002: $19,200,000

Bank Franchise Tax
Actual FY2002: $34,648,965; estimated FY2001: $35,000,000; projected FY2002 $35,000,000

Insurance Company Tax
Actual FY2000: $39,513,695; estimated FY2001: $41,200,000; projected FY2002: $42,436,000

Inheritance Tax
Actual FY2000: $25,554,053; estimated FY 2001: $31,300,000; projected FY2002: $22,127,500
The projection for FY2002 assumes 90% of normal collections through March 2002, and $1,000,000 from the federal pick-up tax for April-June.

Licenses, Permits, and Fees
Monthly patterns are not reliable predictors for revenues from this source. Revenue from this source is projected to be stable.

Actual FY2000: $27,722,213; estimated FY2001: $29,400,000; projected FY2002: $31,200,000
                

Investment Income and Interest
Actual FY2000: $11,617,014; estimated FY2001: $11,354,426; projected FY2002: $12,000,000


Charges for Goods and Services
Actual FY2000: $8,129,903; estimated FY2001: $8,000,000; projected FY2002: $8,000,000

Net Transfers In
Actual FY 2000: $4,463,619; estimated FY2001: 5,200,000; FY2002:$6,400,000

Cement Plant Transfer
Actual FY2000: $12,000,000; estimated FY2001: $12,000,000; projected FY2002: $12,000,000

Mineral Extraction Tax
Actual FY2000: $1,661,813; estimated FY2002: $1,600,000; projected FY2002: $1,000,000

Energy Minerals Severance Tax
Actual FY2000: $525,526; estimated FY2001: $525,000; projected FY2002: $525,000

Unexpended Carryover
Actual FY2000: $251,834; estimated FY2001: -$0; projected FY2002: -$0

Lottery
Actual FY2000: $3,730,943; estimated FY2001: $3,700,000; projected FY2002: $3,700,000

Property Tax Reduction Fund
Actual FY2000: $87,300,000; estimated FY2001: $87,300,000; projected FY2002: $92,000,000

Sale Leaseback
Actual FY200l: $14,813,992; estimated FY2001: $14,272,436; projected FY2002: $13,701,941

CRP
Actual FY2000: $2,847,632; estimated FY2001: $3,000,000; projected FY2002: $3,000,000

Total
Actual FY2000: $781,665,203; estimated FY2001: $818,686,441; projected FY2002: $846,112,456

Mr. Jason Dilges, Bureau of Finance and Management, provided the committee with printed documentation of the U.S. & South Dakota Economies (Document #3). Included in the report are reasons determined by DRI for the slowdown of the U.S. Economy. These slowdowns include: unemployment rate jumped from 4.0 percent to 4.2 percent in January; employment cost index was up only 0.8 percent in the fourth quarter; consumer confidence dropped to 114.4, a 4 year low in January; durable orders rose 2.2 percent in December, shipments dropped 0.5 percent; purchasing managers index dropped to a 10-year low of 4l.2; index of leading economic indicators fell 0.6 percent in December; existing home sales fell 7.4 percent in December; the produce price index jumped 1.1 percent in January; industrial production fell 0.3 percent in January; $1.9 trillion in

wealth lost since stock market peaked in March; average hourly earnings posted no growth in January; light vehicle sales decreased 3.9 percent in January; retail sales increased 0.1 percent in the last 4 months; personal income increased 0.4 percent in December; and consumer spending increased 0.3 percent in December.

Reasons for the slowdown include: the decline in the stock market reduced household wealth; layoffs, especially in technology companies; rise in energy prices took dollars out of the economy; energy problems in California; and political uncertainty and administration change in Washington, D.C.

The slowdown of the S.D. economy: nonfarm employment grew 0.42 percent annualized in December, 1.5 percent for the year; average weekly earnings increased 2..23 percent for the year; building permits decreased 20.5 percent in November and 42.5 percent in December; value decreased $8.6 million in November and $3.8 million in December; and sales tax decreased 0.3 percent in November, grew 2.72 percent in December, and grew 4.06 percent in January.

Reasons for the slowdown include: the decline in the stock market; major layoffs at large Sioux Falls companies; high gas prices and heating fuel prices; consumers reaching dangerously high debt levels; and the weather.

In reviewing the revenue forecast,(Document #3) Mr. Dilges reported Sales tax collection for FY 2001: $452,765,807; audit collections; $4,531,878; FY2001 base estimate $457,297,685 less DOR indirect funding $2,748,421; refunds $817,488; FY2001 estimate $453,731,776.

Sales Tax collections for FY2002: Sales tax collections $476,695,821; audit collections $4,531,878; less DOR indirect funding $2,839,585, refunds $817,488; FY2002 estimate $477,570,626.

Contractor's Excise Tax
FY2000: $47,555,167; FY2001: $51,138,647; FY2002: $54,377,812
Alcohol Beverage Tax
The alcohol beverage tax is made up of taxes on malt beverages, spirits, and wines. FY 2000 $7,459,185; Estimated FY2001 $7,688,457; estimated FY2002 $7,776,839.

Alcohol Beverage 2 percent wholesale
FY2000 $703,642; estimated FY2001 $733,955; estimated FY2002 $752,843.

Cigarette Tax.
FY2000 $19,081,853; estimated FY2001 $19,112,402; estimated FY2002 $19,130,136.

Bank Franchise Tax
FY2000 $34,648,964; estimated FY2001 $32,476,692; estimated FY2002 $32,587,476.



Insurance Company Tax
FY2000 $39,513,695; estimated FY2001 $41,616,797; estimated FY2002 $43,716,000.

Inheritance Tax
FY2000 $25,554,053; estimated FY2001 $28,753,668; estimated FY2002 $19,320,601.

License, Permits, and Fees
FY2000 $27,722,213; estimated FY2001 $29,565,752; estimated FY2002 $31,278,893.

Interest Income
FY2000 $11,617,014; estimated FY2001 $11,449,978; estimated FY2002 $13,980,800.

Charges for Goods and Services
FY 2000 $8,129,903; estimated FY2001 $8,190,935; estimated FY 2002 $8,243,520.

Net Transfers In
FY2000 $4,463,619; estimated FY2001 $5,263,619; estimated FY2002 $4,463,619.

Cement Plant Transfer
The State Cement Plant Trust fund will transfer $12.0 million to the general fund in both FY2001 and FY2002.

Mineral Extraction Tax
FY2000 $1,661,813; estimated FY2001 $1,000,000; estimated FY2002 $700,000.

Energy Minerals Severance Tax
FY2000 $525,526; estimated FY2001 $632,084; estimated FY2002 $597,443.

Lottery
FY2000 $3,730,943; estimated FY2001 $3,700,000; estimated FY2002 $3,700,000.

Sale Leaseback
FY2000 $14,813,992; estimated FY2001 $14,272,436; estimated FY2002 $13,701,941.

CRP Program
FY2000 $2,847,362; estimated FY2001 $3,000,000; estimated FY2002 $3,000,000.

Property Tax Reduction Fund
FY2000 $87,300,000; estimated $87,300,000; estimated FY2002 $92,000,000.

General Fund Receipts
Revised FY2001 $811,627,198;estimated FY2002 $838,898,549.



MOTION:     To adopt the Revenue Estimate of $838,898,549 from the Bureau of Finance and Management.

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

Voting Yes:    Putnam, Madden, Koskan, Kleven, Greenfield, Apa, Duxbury, Dennert, Drake

MOTION:     ADJOURN

Moved by:    Putnam
Second by:    Greenfield
Action:    Prevailed by voice vote.

Jeanette Black

____________________________

Committee Secretary
Bob Drake, Chair


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