CHAPTER 107

(HB 1244)

Appropriation to Board of Regents to build instructional building.


         ENTITLED, An Act to  make an appropriation to construct instructional classrooms, to require certain reporting, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  There is hereby appropriated the sum of eight million dollars ($ 8,000,000 ), or so much thereof as may be necessary, of general funds to the Board of Regents to build an instructional classroom building in Sioux Falls to provide the physical resources needed for classrooms, offices, student support services, and labs for undergraduate and graduate programs.

     Section  2.  The design and construction of the facility approved by this Act shall be under the general supervision of the Bureau of Administration as provided in §  5-14-2. The commissioner of the Bureau of Administration and the executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 1 of this Act.

     Section  3.  The construction of the instructional classroom building pursuant to this Act is contingent on the purchase of land located in Minnehaha County by the Board of Regents.

     Section  4.  That § 13-39-70 be amended to read as follows:

     13-39-70.   There is hereby created within the vocational education facilities fund of the secretary of education a tuition subaccount. The secretary may determine and require that all or any portion of the tuition and other student fees payable to an LEA shall be deposited in the subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other than to pay lease rentals or other amounts due and owing in connection with any :

             (1)    Any facility originally leased to the board of regents but now utilized for vocational education so long as such facility is on the campus of a postsecondary technical institute; and

             (2)    Any lease-purchase agreement authorized under §§ 13-39-66 and 13-39-67 unless and until the health and educational facilities authority files with the state treasurer a certification that it has on deposit or there has otherwise been appropriated sufficient moneys to pay all amounts due or to become due within the next three months on all such lease-purchase agreements.

     No lease rentals on facilities described in subsection (1) shall be paid unless the secretary of education has approved the assumption of the former board of regents' lease obligations by the tuition subaccount. Thereafter, the state treasurer shall retain in the vocational education facilities fund for future repair and improvement as authorized by the Legislature such amounts, not to exceed ten percent thereof, as the secretary shall direct.

     Section  5.  That § 4-7-6 be amended to read as follows:

     4-7-6.   The commissioner of administration, attorney general, state treasurer, state auditor-general, secretary of revenue, and state auditor , and the executive director of the Board of Regents shall render such advice and assistance, and furnish such information to the Bureau of Finance and Management as may be requested.

     Section  6.  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.

     Signed March 8, 2006
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