76th Legislative Session _ 2001

Committee: Senate Appropriations
Tuesday, February 27, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

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

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Drake

         HB 1016: authorize the Board of Regents to purchase the Dakota Prairie Playhouse, in Madison, South Dakota, and to make an appropriation therefor.

MOTION:     DO PASS HB 1016

Moved by:    Putnam
Second by:    Kleven
Action:    Prevailed by roll call vote.(7-0-2-0)

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

Excused:    Greenfield, Dennert

         HB 1068: authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing

for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and to make appropriations therefor.

MOTION:     AMEND HB 1068

1068ma
     On page 3, line 11 of the House engrossed bill, after " renovation " insert "or replacement space".

     On page 3 , line 13, after " financed " insert "for the Shepard Hall renovation or replacement space".

Moved by:    Apa
Second by:    Koskan
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1068

1068mb
     On page 4, between lines 18 and 19 of the House engrossed bill, insert:

"      Section 6. There is hereby appropriated to the Board of Regents six hundred fifty-nine thousand two hundred forty dollars, or so much thereof as may be needed, to construct an addition to the Donald E. Young Sports and Fitness Center. The monies appropriated by this Act shall include one hundred fifty thousand dollars from other funds appropriated to Black Hills State University and five hundred nine thousand two hundred forty dollars from monies available to the South Dakota National Guard.".


Moved by:    Dennert
Second by:    Duxbury
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1068 AS AMENDED

Moved by:    Apa
Second by:    Duxbury
Action:    Prevailed by roll call vote.(7-0-2-0)

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


Excused:    Koskan, Greenfield

         HB 1142: appropriate money for leveraging educational assistance partnership grants.

Presented By:    Representative Kooistra
Proponents:    Mr. Jason Dilges, Bureau of Finance and Management
Opponents:    Mr. Todd Vik, Finance Officer, DECA

MOTION:     AMEND HB 1142

1142fa
     On the House Education 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 million three hundred fifty-one thousand one hundred twenty dollars ($1,351,120), or so much thereof as may be necessary, to the Board of Regents for the Northern State University Center for Statewide E- Learning.

     Section 2. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2002, shall revert in accordance with §   4-8-21.

     Section 4. 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."


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

MOTION:     DO PASS HB 1142 AS AMENDED

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

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


MOTION:     TO AMEND TITLE OF HB 1142

1142fta
     On page 1, line 1 of the House Education Committee engrossed bill, delete " leveraging educational assistance " and insert "Statewide E-Learning and to declare an emergency.".

     On page 1 , delete line 2 .

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

         HB 1189: revise the method for determining average daily membership as it applies to the state aid to education formula.

Presented By:    Representative Kooistra

MOTION:     TO TABLE HB 1189

Moved by:    Putnam
Second by:    Madden
Action:    Prevailed by roll call vote.(7-2-0-0)

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

Voting No:    Kleven, Duxbury

         HB 1229: make an appropriation to provide grants to out-of-school time programs in the state and to declare an emergency.

MOTION:     DEFER HB 1229 TO THE 41ST LEGISLATIVE DAY

Moved by:    Madden
Second by:    Apa
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1229

Moved by:    Kleven
Second by:    Dennert


Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Putnam, Kleven, Duxbury, Dennert, Drake

Voting No:    Madden, Koskan, Greenfield, Apa

         HB 1252: establish a statewide voter registration file and to make an appropriation therefor.

MOTION:     AMEND HB 1252

1252ma
     On page 4 of the House Local Government Committee engrossed bill, delete lines 11 and 12 , and insert:

"      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.".


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

MOTION:     DO PASS HB 1252 AS AMENDED

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

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

         HB 1255: appropriate money for the restoration of the Hamill Dam.

Presented By:    Senator Koskan
Proponents:    Mr. Leroy Hodge
         Mr. Cal Swanson
         Representative Jensen
Opponents:    Mr. Jason Dilges, BFM

MOTION:     AMEND HB 1255



1255md
     On page 1, line 8 of the House Appropriations Committee engrossed bill, before " for " insert "from local sources".

     On page 1 , line 11, delete everything after " into " and insert "reciprocity agreements for fishing".

     On page 1 , line 12, delete everything after " licenses " and insert "on impounded Hamill Dam waters".

     On page 1 , line 13, delete everything after " obtained " and insert " on designated public facilities.".

     On page 1 , delete line 14 .

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

MOTION:     DO PASS HB 1255

Moved by:    Koskan
Action:    Was not acted on.

MOTION:     DEFER HB 1255 TO THE 41ST LEGISLATIVE DAY

Moved by:    Putnam
Second by:    Madden
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Putnam, Madden, Kleven, Greenfield, Apa, Drake

Voting No:    Koskan, Duxbury, Dennert

         HB 1271: provide grants to certain court-appointed special advocate programs and to make an appropriation therefor.

Presented By:    Representative Sutton
Proponents:    Ms. Angie King
         Ms. Shirley Schwab
         Representative Adelstein


         Mr. Dennis Driscoll
         Ms. Gini Gramm
         Ms. Brenda Schulte
         Ms. Susan Randall
Opponents:    Mr. Jim Ellenbecker, Secretary, DSS

MOTION:     DO PASS HB 1271

Moved by:    Apa
Second by:    Kleven
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1271 TO THE 41ST LEGISLATIVE DAY

Moved by:    Koskan
Second by:    Greenfield
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Putnam, Madden, Koskan, Greenfield, Drake

Voting No:    Kleven, Apa, Duxbury, Dennert

         HB 1279: provide that the people's interest fund be appropriated for tobacco prevention and education programs.

Presented By:    Represenative Peterson

MOTION:     AMEND HB 1279

1279jd
     On the House engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 34-46-7 be amended to read as follows:

     34-46-7.   There is hereby created the tobacco prevention and reduction program in the Department of Human Services Health .

     Section 2. That § 34-46-9 be amended to read as follows:

     34-46-9.   The Tobacco Prevention and Reduction Advisory Board, in collaboration with the Department of Human Services, Health 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 §   34-46-10 may be appropriately evaluated. The board shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance.

     Section 3. That § 34-46-11 be amended to read as follows:

     34-46-11.   The Tobacco Prevention and Reduction Advisory Board Department of Health 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 4. That § 34-46-8 be repealed.

     34-46-8.   There is created an eleven member Tobacco Prevention and Reduction Advisory Board. The Governor shall appoint the 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. "


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

MOTION:     DO PASS HB 1279 AS AMENDED

Moved by:    Putnam
Second by:    Greenfield
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Putnam, Koskan, Kleven, Duxbury, Dennert

Voting No:    Madden, Greenfield, Apa, Drake

         HB 1285: make distributions from the South Dakota-bred racing fund and the special racing revolving fund and to declare an emergency.

Proponents:    Mr. Dana Nelson, Governor's Office
Opponents:    Mr. Ron Olinger, SDHA



MOTION:     DO PASS HB 1285

Moved by:    Apa
Second by:    Duxbury
Action:    Prevailed by roll call vote.(8-1-0-0)

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

Voting No:    Drake

MOTION:     RECONSIDER HB 1285

Moved by:    Putnam
Second by:    Greenfield
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Putnam, Koskan, Kleven, Greenfield, Drake

Voting No:    Madden, Apa, Duxbury, Dennert

MOTION:     AMEND HB 1285

1285za
     On the House engrossed bill, delete everything after the enacting clause and insert:

"

     Section 1. The Commission on Gaming shall, on or about December 31, 2001, allocate a total of four hundred fifty thousand dollars or so much thereof as is available, from the special racing revolving fund or the South Dakota-bred racing fund, in amounts determined by the commission, to licensees, licensed by the commission to conduct live horse racing under §  42-7-68 for the purposes of providing compensation to South Dakota bred horses, and for purses supplements or racing operations for the 2002 live horse racing season, provided, however, that such licensees are conducting a total of not less than fourteen live horse racing days. Provided further that no subsidy provided to such licensee may exceed thirty thousand dollars per day of live horse racing. If either such licensee applies for or receives fewer live horse racing days than such licensee conducted in 2001, such allocations shall be reduced proportionately.

     Section 2. On or about July 15, 2001, the state treasurer shall transfer to the general fund one million one hundred twenty-five thousand dollars ($1,125,000) from the South Dakota-bred racing fund and one million one hundred twenty-five thousand ($1,125,000) from the special racing revolving fund.

     Section 3. That § 42-7-71 be amended to read as follows:

     42-7-71.   One-fourth of all money received by the state treasurer under this chapter from licensees operating horse racing tracks shall be placed in a special revenue fund to be known as the " South Dakota-bred racing fund. " The fund shall be used by the commission to encourage horse racing and the raising and breeding of horses in South Dakota and shall be used for the purpose of providing compensation to South Dakota-bred horses by providing funds to all horsetracks licensed in South Dakota , and for any other purpose provided by the Legislature . However, not more than one-fourth of the moneys deposited in the South Dakota-bred racing fund may be used by the commission to provide purse supplements to horsetracks for horses other than South Dakota-bred horses.

     Section 4. That § 42-7-79.1 be amended to read as follows:

     42-7-79.1.   In addition to the deductions authorized by §   42-7-79, the dog racing licensees shall deduct from the total sum contributed on dog races, except contributions on dog races in the win, place and show pool, an additional three and three-quarters percent on the dollars contributed. The licensee will may retain one-quarter of one percent for capital improvements on all amounts contributed and an additional three and one-half percent shall be retained by the licensee for discretionary use. The special racing revolving fund shall be in the office of the state treasurer to be disbursed by the commission to increase purses or for operations, or upon request, funds may be granted to a political subdivision of the state for unusual or unique law enforcement expenses incidental to having a race track or off-track site in that political subdivision , and for any other purpose provided for by the Legislature . Funds in the South Dakota-bred racing fund and the special racing revolving fund shall be disbursed by the commission on warrants drawn by the state auditor on vouchers approved by the commission and such funds shall be disbursed without authority of appropriation acts. "


Moved by:    Putnam
Second by:    Greenfield
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1285

1285bb
     On page 1, line 7 of the House engrossed bill, delete " four hundred thousand " and insert "three hundred seventy-five thousand dollars ($375,000)".

     On page 1 , line 8, delete " dollars ($400,000) " .

     On page 1 , line 11, delete " four hundred thousand dollars ($400,000) " and insert "three hundred

seventy-five thousand dollars ($375,000)".


     On page 1, line 12, delete " four hundred thousand " and insert "three hundred seventy-five thousand dollars ($375,000)".

     On page 1 , line 13, delete " dollars ($400,000) " .

     On page 3 , line 10, delete " one hundred " and insert "two hundred thousand dollars from the special racing revolving fund and two hundred".

     On page 3 , delete line 11 .

     On page 3 , line 15, delete " two hundred fifty thousand dollars " and insert "four hundred thousand dollars ($400,000)".

     On page 3 , line 16, delete " ($250,000) " .

     On page 3 , between lines 21 and 22, insert:

"      Section 11. There is hereby appropriated the sum of one hundred fifty thousand dollars ($150,000) from the South Dakota-bred racing fund and one hundred fifty thousand dollars ($150,000) from the special racing revolving fund to the Department of Agriculture for grants to upgrade fire-fighting equipment in the Black Hills National Forest.

     Section 12. The secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in section 11.

     Section 13. There is hereby appropriated the sum of five hundred thousand dollars ($500,000) from the South Dakota-bred racing fund and five hundred thousand dollars ($500,000) to the Department of Health for grants to upgrade rural emergency medical and ambulance equipment.

     Section 14. The secretary of the Department of Health shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 13.

     Section 15. That § 42-7-98.1 be amended to read as follows:

     42-7-98.1.   The state treasurer shall transfer the first seventy-five thousand dollars received in a special racing fund to the special racing revolving fund and any the next two hundred fifty thousand dollars received in the special racing fund to the state fair fund. Any amounts received during any year in excess of seventy-five three hundred twenty-five thousand dollars shall be transferred as follows:



             (1)      One-half of the remaining revenue shall be transferred to the South Dakota-bred racing fund;

             (2)      The other one-half of the remaining revenue shall be transferred to the special racing revolving fund.

     All transfers by the state treasurer except for the transfer on April 1, 1991, shall be made on a monthly basis on the first day of the month or as soon thereafter as is reasonably possible.

     Section 16. Section 15 is effective July 1, 2001.".


Moved by:    Dennert
Second by:    Duxbury
Action:    Failed by roll call vote.(3-6-0-0)

Voting Yes:    Apa, Duxbury, Dennert

Voting No:    Putnam, Madden, Koskan, Kleven, Greenfield, Drake

MOTION:     AMEND THE AMENDMENT

1285ma
    
    That the pending amendment (1285za) be amended as follows:

    In Section 1, the first sentence, delete "four hundred fifty" and insert "five hundred twenty-five".

    In Section 1, the second sentence, delete "thirty" and insert "thirty-five".


Moved by:    Duxbury
Second by:    Dennert
Action:    Failed by roll call vote.(4-5-0-0)

Voting Yes:    Madden, Kleven, Duxbury, Dennert

Voting No:    Putnam, Koskan, Greenfield, Apa, Drake

MOTION:     AMEND THE AMENDMENT

1285mb
    
    That the pending amendment (1285za) be amended as follows:

    In Section 1, the second sentence, delete "subsidy" and insert "payment".


Moved by:    Dennert
Second by:    Koskan
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1285

1285za
     On the House engrossed bill, delete everything after the enacting clause and insert:

"

     Section 1. The Commission on Gaming shall, on or about December 31, 2001, allocate a total of four hundred fifty thousand dollars or so much thereof as is available, from the special racing revolving fund or the South Dakota-bred racing fund, in amounts determined by the commission, to licensees, licensed by the commission to conduct live horse racing under §  42-7-68 for the purposes of providing compensation to South Dakota bred horses, and for purses supplements or racing operations for the 2002 live horse racing season, provided, however, that such licensees are conducting a total of not less than fourteen live horse racing days. Provided further that no subsidy provided to such licensee may exceed thirty thousand dollars per day of live horse racing. If either such licensee applies for or receives fewer live horse racing days than such licensee conducted in 2001, such allocations shall be reduced proportionately.

     Section 2. On or about July 15, 2001, the state treasurer shall transfer to the general fund one million one hundred twenty-five thousand dollars ($1,125,000) from the South Dakota-bred racing fund and one million one hundred twenty-five thousand ($1,125,000) from the special racing revolving fund.

     Section 3. That § 42-7-71 be amended to read as follows:

     42-7-71.   One-fourth of all money received by the state treasurer under this chapter from licensees operating horse racing tracks shall be placed in a special revenue fund to be known as the " South Dakota-bred racing fund. " The fund shall be used by the commission to encourage horse racing and the raising and breeding of horses in South Dakota and shall be used for the purpose of providing compensation to South Dakota-bred horses by providing funds to all horsetracks licensed in South Dakota , and for any other purpose provided by the Legislature . However, not more than one-fourth of the moneys deposited in the South Dakota-bred racing fund may be used by the commission to

provide purse supplements to horsetracks for horses other than South Dakota-bred horses.

     Section 4. That § 42-7-79.1 be amended to read as follows:

     42-7-79.1.   In addition to the deductions authorized by §   42-7-79, the dog racing licensees shall deduct from the total sum contributed on dog races, except contributions on dog races in the win, place and show pool, an additional three and three-quarters percent on the dollars contributed. The licensee will may retain one-quarter of one percent for capital improvements on all amounts contributed and an additional three and one-half percent shall be retained by the licensee for discretionary use. The special racing revolving fund shall be in the office of the state treasurer to be disbursed by the commission to increase purses or for operations, or upon request, funds may be granted to a political subdivision of the state for unusual or unique law enforcement expenses incidental to having a race track or off-track site in that political subdivision , and for any other purpose provided for by the Legislature . Funds in the South Dakota-bred racing fund and the special racing revolving fund shall be disbursed by the commission on warrants drawn by the state auditor on vouchers approved by the commission and such funds shall be disbursed without authority of appropriation acts. "


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

MOTION:     DO PASS HB 1285 AS AMENDED

Moved by:    Putnam
Second by:    Koskan
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Putnam, Koskan, Kleven, Greenfield, Drake

Voting No:    Madden, Apa, Duxbury, Dennert

MOTION:     TO AMEND TITLE OF HB 1285

1285zta
     On page 1, line 1 of the House engrossed bill, after " to " insert "clarify the purposes for which funds in the South Dakota-bred racing fund and special racing revolving fund may be used and to".

     On page 1 , line 2, delete " and to declare an emergency " .


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

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 6, 2001

Moved by:    Koskan
Second by:    Madden
Action:    Prevailed by voice vote.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 15, 2001

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

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 22, 2001

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

MOTION:     ADJOURN

Moved by:    Koskan
Second by:    Madden
Action:    Prevailed by voice vote.

LeAnn Allstot

____________________________

Committee Secretary
Bob Drake, Chair


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