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HB 1014 repeal certain provisions regarding the Bureau of...
State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

400N0232  
HOUSE BILL   NO.     1014  

Introduced by:     The Committee on State Affairs at the request of the Bureau of Administration  


         FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the Bureau of Administration's evaluation of costs of projects in the facility construction plan, the submission of proposed capital improvements, the responsibility to request legislative appropriations for facility construction, and the funding of emergency capital improvement projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 5-14-25 be repealed.
     5-14-25.   Upon authorization and prior to the legislative session, if the Bureau of Administration determines that it is necessary to carry out any of the projects in the state facility construction plan, the bureau shall, in cooperation with such federal, state, and local agencies or entities, or private interests as may be concerned, prepare preliminary cost estimates, resources, if any, to be contributed from all other sources in aid thereof, and estimates of the revenues which might be anticipated from the facility from all purposes and functions. The bureau shall make a comprehensive evaluation and allocation of the costs of all projects contained in the state facility construction plan among the various levels of government and

private interests. The bureau's recommendations shall include with respect to each such project the amount or amounts to be shared by each and every level of user and may provide that the state's share will be apportioned over a period of years and may be funded by appropriations or as may otherwise be provided. The bureau shall formulate and determine the priority or priorities of any or all such projects and the sufficient financing thereof.
     Section  2.  That § 5-14-26 be repealed.
     5-14-26.   The Bureau of Administration shall submit by September first of each year a list of all proposed capital improvement projects of one million five hundred thousand dollars or more to the Governor. Any proposed capital improvement projects to be funded in whole or in part from the capital construction fund established in chapter 5-27 shall be submitted by the Governor to the Legislature for its authorization as set forth in § 5-14-25.
     Section  3.  That § 5-14-27 be repealed.
     5-14-27.   The Bureau of Administration shall present the findings of benefits, costs, cost-sharing, and other pertinent factors to the Governor and the Legislature subsequent to the legislative session, and shall request legislative appropriations or other means of financing state government's share of the costs of the facility construction projects as may be authorized by the Legislature for construction.
     Section  4.  That § 5-14-28 be repealed.
     5-14-28.   If an emergency affecting the public health and safety of the state arises for an immediate capital improvement project, the Bureau of Administration may present the project to the Governor for authorization and evaluation. A written determination made by the Bureau of Administration of the basis for the emergency capital improvement project shall be included with the request to the Governor.
     Section  5.  That § 5-14-29 be repealed.


     5-14-29.   A state facility construction proposal subject to the provisions of this chapter is a capital improvement project as defined in § 5-14-1 except any capital improvement project proposed or initiated by the Board of Regents pursuant to chapter 13-49, 13-51, or 13-51A. However, the Board of Regents may request that a project be reviewed by the Bureau of Administration as provided in §§ 5-14-4 and 5-14-25 for inclusion on the state facility construction plan.