Chapter 226

(Senate Bill 99)

An Act to authorize the Department of Agriculture to contract for the construction of a livestock and equestrian complex at the State Fair, to make an appropriation therefor, and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. The Department of Agriculture is hereby authorized to contract for the planning, site preparation, construction, furnishing, and equipping of a livestock and equestrian complex at the State Fair, including any heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, and any other services or actions required to accomplish the project, for an estimated cost of $20,000,000, subject to any adjustments authorized in section 3 of this Act.

Section 2. There is hereby appropriated from the general fund the sum of $12,000,000 to the Department of Agriculture. There is also appropriated the sum of $8,000,000 in other fund expenditure authority to the Department of Agriculture, consisting of the Beef Complex insurance proceeds and the amount received by the Department of Agriculture under section 4 of this Act.

Section 3. The cost estimates contained in this Act are stated in terms of 2020 values. The Department of Agriculture may adjust the cost estimates to reflect inflation as measured by the Building Cost Index, reported by the Engineering News Record, and to reflect additional expenditures required to comply with regulations adopted after the effective date of this Act, and to reflect additional costs incurred pursuant to section 5 of this Act. Any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.

Section 4. The Department of Agriculture may accept, transfer, and expend any funds obtained for the projects authorized in this Act from federal sources, donations, or any other external sources, all of which comprise a special fund for the benefitted project. All moneys deposited into that fund are hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections 1 to 3, inclusive, of this Act.

Section 5. The Department of Agriculture may demolish, remove, and dispose of the structures known as Open Class Sheep Barn, consisting of approximately thirty-seven thousand square feet, at the State Fair. This project includes demolition, abatement of asbestos or any other hazardous materials, lawful disposal of the fixtures or rubble, and any other action reasonably necessary to prepare the lot for the construction of the livestock and equestrian complex authorized in section 1 of this Act.

Section 6. The administration of the design and construction of the project authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14.

Section 7. The secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 8. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

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.

Signed March 21, 2021

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.