___________________ moved that HB 1074 be amended 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."