ENTITLED, An Act to 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
demolition, construction, remodeling, or renovation of various structures on the campuses of the
state's universities and to make appropriations therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. It is in the public interest that the South Dakota Building Authority contract for the
construction, completion, furnishing, equipping, and maintaining of, including heating, air
conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping,
architectural and engineering services, asbestos abatement, removal of existing roofing and
structures, and such other services or actions as may be required to accomplish, the projects
enumerated in sections 2 and 3 of this Act, all at the estimated cost of two hundred four million four
hundred eighty-two thousand five hundred thirteen dollars. The South Dakota Building Authority
may finance up to one hundred seven million dollars of the construction costs through the issuance
of revenue bonds, in accordance with this Act and chapter 5-12.
Section 2. The campus infrastructure projects authorized in section 1 of this Act, to be financed,
in whole or in part, through the issuance of revenue bonds by the South Dakota Building Authority,
are the following:
(1) Black Hills State University infrastructure repair and upgrade, for an estimated
construction cost of four million dollars;
(2) Dakota State University energy efficiency and accessibility compliance repairs and
upgrades, for an estimated construction cost of one million two hundred seventy-five
thousand dollars;
(3) Northern State University street improvements, for an estimated construction cost of six
hundred thousand dollars;
(4) South Dakota School of Mines and Technology utility infrastructure, for an estimated
construction cost of two million seven hundred forty thousand dollars;
(5) South Dakota State University utility tunnel, steam/condensate infrastructure repair and
modernization, including the construction of a supplemental plant building whose new
construction is not to exceed fourteen thousand two hundred gross square feet, for an
estimated construction cost of seven million dollars;
(6) South Dakota State University water, sanitary sewer, and storm sewer repairs and
upgrades, for an estimated construction cost of five million dollars; and
(7) University of South Dakota mechanical overhaul and modernization, for an estimated
construction cost of eight million dollars.
Section 3. The building construction or renovation projects authorized in section 1 of this Act,
to be financed, in whole or in part, through the issuance of revenue bonds by the South Dakota
Building Authority, are the following:
(1) Black Hills State University Jonas Hall Science renovation, for an estimated construction
cost of two million five hundred thousand dollars, of which no more than one million two
hundred fifty thousand dollars may be financed through the issuance of revenue bonds,
with the remaining funds being drawn from donations, federal, or other funds as provided
in section 8 of this Act;
(2) Black Hills State University E.Y. Berry Library renovation, for an estimated construction
cost of four million five hundred thousand dollars, of which no more than three million
may be financed through the issuance of revenue bonds, with the remaining funds being
drawn from donations, federal, or other funds as provided in section 8 of this Act;
(3) Dakota State University information system building, not to exceed forty-eight thousand
gross square feet, for an estimated construction cost of ten million dollars, of which no
more than six million dollars may be financed through the issuance of revenue bonds,
with the remaining funds being drawn from donations, federal, or other funds as provided
in section 8 of this Act;
(4) Northern State University Johnson Fine Arts Center renovation and addition, not to
exceed twenty-nine thousand gross square feet, for an estimated construction cost of seven
million seven hundred fifty thousand dollars, of which no more than five million dollars
may be financed through the issuance of revenue bonds, with the remaining funds being
drawn from donations, federal, or other funds as provided in section 8 of this Act;
(5) South Dakota School of Mines and Technology research center, not to exceed one
hundred twenty thousand gross square feet, for an estimated construction cost of
thirty-seven million forty thousand dollars, of which no more than six million forty
thousand dollars may be financed through the issuance of revenue bonds, with the
remaining funds being drawn from donations, federal, or other funds as provided in
section 8 of this Act;
(6) South Dakota State University new headhouse and greenhouses, not to exceed twenty-four
thousand gross square feet, for an estimated construction cost of three million seven
hundred eighty-five thousand dollars, of which no more than one million dollars may be
financed through the issuance of revenue bonds, with the remaining funds being drawn
from donations, federal, or other funds as provided in section 8 of this Act;
(7) South Dakota State University architecture, mathematics, and engineering facility, not to
exceed seventy thousand gross square feet, for an estimated construction cost of seventeen
million eighty-two thousand eight hundred dollars, of which no more than ten million
dollars may be financed through the issuance of revenue bonds, with the remaining funds
being drawn from donations, federal, or other funds as provided in section 8 of this Act;
(8) South Dakota State University visual arts facility expansion, including the complete
renovation of the existing Seedhouse and West Headhouse, whose new construction is not
to exceed twenty-three thousand gross square feet, for an estimated construction cost of
twelve million four hundred thousand dollars, of which no more than seven million five
hundred thousand dollars may be financed through the issuance of revenue bonds, with
the remaining funds being drawn from donations, federal, or other funds as provided in
section 8 of this Act;
(9) South Dakota State University Performing Arts Center expansion, not to exceed one
hundred fifteen thousand gross square feet, for an estimated construction cost of
thirty-three million one hundred three thousand seven hundred thirteen dollars, of which
no more than thirteen million dollars may be financed through the issuance of revenue
bonds, with the remaining funds being drawn from donations, federal, or other funds as
provided in section 8 of this Act;
(10) South Dakota State University new cow-calf research and education unit near Volga,
South Dakota, not to exceed fifty-two thousand gross square feet, for an estimated
construction cost of three million seven hundred six thousand dollars, of which no more
than two million nine hundred thousand dollars may be financed through the issuance of
revenue bonds, with the remaining funds being drawn from donations, federal, or other
funds as provided in section 8 of this Act;
(11) University of South Dakota science, health and research laboratory building, not to exceed
eighty thousand gross square feet, for an estimated construction cost of thirty million
dollars, of which no more than eight million six hundred ninety-five dollars may be
financed through the issuance of revenue bonds, with the remaining funds being drawn
from donations, federal, or other funds as provided in section 8 of this Act;
(12) University of South Dakota Patterson Hall renovation, for an estimated construction cost
of six million five hundred thousand dollars to be financed through the issuance of
revenue bonds; and
(13) University of South Dakota Dakota Hall renovation, for an estimated construction cost
of seven million five hundred thousand dollars to be financed through the issuance of
revenue bonds.
Section 4. There is hereby appropriated from other fund expenditure authority the sum of one
hundred thirty-three thousand dollars ($133,000), or so much thereof as may be necessary, to the
Board of Regents, payable from patent royalty income accruing to South Dakota State University,
for the purchase of a tract of land and buildings to form part of the new cow-calf research and
education unit near Volga, South Dakota, and described as the Southeast Quarter of the Southwest
Quarter of the Southeast Quarter (SE1/4 SW1/4 SE 1/4), EXCEPT the West One Hundred
Sixty-Five Feet (W 165') thereof, of Section Thirty-three (33), Township One Hundred Eleven (111)
North, Range Fifty-one (51) West of the 5th P.M., Brookings County, South Dakota, for the use by
the South Dakota State University cow-calf research and education unit.
Section 5. The authorizations granted under sections 1 and 12 of this Act, and all necessary
appropriations required to finance and to complete such projects, remain effective until July 1, 2026.
However, no bonds may be issued under the authority of this Act if such issuance would violate the
restriction established in § 13-51-2.
Section 6. All cost estimates contained in this Act have been stated in terms of 2011 values. The
Building Authority, at the request of the Board of Regents, may adjust such cost estimates to reflect
inflation as measured by the Building Cost Index reported by the Engineering News Record,
additional expenditures required to comply with regulations adopted after the effective date of this
Act, or donations, federal, or other funds received pursuant to section 8 of this Act, provided that
such adjustments to project cost estimates for any given project may not exceed one hundred twenty-five percent of the estimated project cost stated in sections 2, 3, or 12 of this Act. Additionally,
notwithstanding any adjustment in cost estimates permitted under this section, no increase in gross
square footage authorized by subdivisions (3) to (11) inclusive, of section 3 of this Act, or
subdivision (5) of section 2 of this Act may exceed ten percent.
Section 7. No indebtedness, bond, or obligation incurred or created under the authority of this
Act may be or may become a lien, charge, or liability against the state of South Dakota, nor against
the property or funds of the state of South Dakota within the meaning of the Constitution or statutes
of the state.
Section 8. The Building Authority and the Board of Regents may accept, transfer, and expend
any funds obtained for the projects authorized in this Act from federal sources, donations,
unrestricted other fund transfers, or any other source, all of which comprise a special fund for the
benefitted project, and all monies deposited into that fund are hereby appropriated to the projects
authorized by this Act in addition to the amounts otherwise authorized by this Act, provided that the
aggregate increases to the estimated project funds from such sources may not exceed one hundred
twenty-five percent of the estimated project construction cost stated in sections 2 or 3 of this Act.
Section 9. The administration of the design and construction of the projects authorized in this
Act shall be under the general charge and supervision of the Bureau of Administration as provided
in chapter 5-14. The executive director of the Board of Regents and the executive secretary of the
Building Authority, or their designees, shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by this Act.
Section 10. The Board of Regents may make and enter into a lease agreement with the Building
Authority and make rental payments under the terms thereof, for the purposes of this Act, pursuant
to chapter 5-12, from the higher education facilities fund and, for two million dollars of the bonds
issued to finance the project authorized in subdivision (10) of section 3 of this Act, from other fund
appropriations.
Section 11. 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, and buttresses that extend beyond the wall
faces. The term includes excavated basement area; mezzanines 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 12. The Board of Regents may demolish certain buildings that will be replaced by, or
whose use will be rendered unnecessary as a result of, construction authorized by this Act. There
is hereby appropriated from other fund expenditure authority the sum of one million nine hundred
fifty thousand dollars ($1,950,000), or so much thereof as may be necessary, to the Board of Regents
for the purposes of demolition, abatement of asbestos or other such hazardous materials, lawful
disposal of the fixtures or rubble, and any other action reasonably necessary to render usable the sites
occupied by the following facilities:
(1) Dakota State University Lowry Hall, comprising eleven thousand seven hundred
twenty-three gross square feet, for an estimated cost of seventy thousand dollars;
(2) South Dakota State University West Greenhouses, comprising eight thousand nine
hundred thirty-seven gross square feet, for an estimated cost of thirty thousand dollars;
(3) South Dakota State University, the Industrial Arts building, comprising four thousand
eight hundred forty gross square feet; the Solberg Annex, comprising thirty-two thousand
one hundred seventy-eight gross square feet; and the Communications Building,
comprising four thousand one hundred eighty-three gross square feet; all for an estimated
cost of three hundred fifty thousand dollars;
(4) South Dakota State University Grove Hall, comprising eighteen thousand six hundred
thirteen gross square feet, for an estimated cost of two hundred seventy-five thousand
dollars;
(5) South Dakota State University Physiology Building, comprising five thousand two
hundred forty-eight gross square feet, for an estimated cost of twenty-five thousand
dollars; and
(6) University of South Dakota Julian Hall, comprising fifty thousand one hundred
seventy-three gross square feet, and Noteboom Hall, comprising twenty-one thousand six
hundred sixty-four gross square feet, for an estimated cost of one million two hundred
thousand dollars.
Section 13. On or before January 1, 2013, and each January first thereafter, until such time as the
authorization granted herein expires or the authorized projects are completed, the Board of Regents
shall provide a report to the Joint Committee on Appropriations regarding the status of the projects
authorized in sections 2, 3, and 12 of this Act.
An Act to 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 demolition,
construction, remodeling, or renovation of various structures on the campuses of the state's
universities and to make appropriations therefor.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1051
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1051
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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