ENTITLED An Act to make an appropriation for the design and construction of an athletic facility at the University of South Dakota and to declare an emergency.

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

Section 1. The Board of Regents may contract for the planning, site preparation, construction, furnishing, and equipping of an athletic facility at the University of South Dakota comprised of an indoor track, long jump, triple jump, pole vault, high jump, throwing cages, indoor sports practice areas, locker rooms, coaches’ offices, meeting rooms, training and nutrition area, ticketing and concession areas, restrooms, elevators, suites, and seating for two thousand spectators, including heating, air conditioning, plumbing, water, sewer, electricity, sidewalks, landscaping, architectural and engineering services, and any other facilities, services, or improvements, as may be required to accomplish the project, for an estimated cost of $40,000,000, subject to permitted adjustments pursuant to section 3 of this Act.

Section 2. There is appropriated to the Board of Regents, for the purpose authorized in this Act, the sum of $40,000,000 in other fund expenditure authority, together with any additional sums received pursuant to section 4 of this Act, and permitted adjustments pursuant to section 3 of this Act.

Section 3. The cost estimate contained in this Act is stated in terms of 2026 values. The Board of Regents may adjust the cost estimate to reflect inflation, as measured by the Building Cost Index and reported by the Engineering News Record, and additional expenditures required to comply with regulations adopted after the effective date of this Act, or additional sums received pursuant to section 4 of this Act. Any adjustment to the construction cost estimate 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 Board of Regents may accept, transfer, and expend any moneys obtained for the project authorized in this Act from federal sources, donations, or any other sources, all of which comprise a special fund for the benefited project. All moneys deposited into that fund are appropriated to the Board of Regents for the project authorized in this Act, subject to the limitations stated in sections 1 to 3, inclusive, of this Act.

Section 5. 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 this state, nor against the property or funds of this state, within the meaning of the state's constitution and laws.

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 Human Resources and Administration as provided in chapter 5-14.

Section 7. The executive director of the Board of Regents 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.

An Act to make an appropriation for the design and construction of an athletic facility at the University of South Dakota and to declare an emergency.