Session Law Chapter 100
Board of Regents may construct second phase
of the electrical engineering and computer science building.
FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct phase II of
the Electrical Engineering and Computer Science Building on the campus of South Dakota
State University, to accept donations for such purpose, to acquire land incidental thereto,
and to make appropriations therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may 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, and
such other services or actions as may be required to construct, phase II of the Electrical
Engineering and Computer Science Building, not to exceed twenty-nine thousand gross square
feet, on the campus of South Dakota State University in Brookings, South Dakota.
Section 2. There is hereby appropriated from other fund expenditure authority the sum of
five million one hundred twenty-five thousand dollars ($5,125,000), for the total project cost
authorized by this Act.
(1) Four million four hundred thousand dollars ($4,400,000) shall be payable from funds
donated for the purposes of this Act, and are appropriated for project costs other than
those authorized in subdivision (2) of this section or section 6 of this Act;
(2) Four hundred fifty thousand dollars ($450,000) in other funds arising from sponsored
program indirect receipts are appropriated to construct and to equip a photovoltaic
laboratory within the facility; and
(3) Two hundred seventy-five thousand dollars ($275,000) from the grant and contract
indirect recovery, plant, and royalty funds, are appropriated for the purpose of
purchase of the property described in section 6 of this Act.
Section 3. Expenditure authority may be increased based on the receipt of grants or
donations received pursuant to this Act. However, no adjustment to any cost estimate may
exceed one hundred twenty-five percent of the authorized expenditure authority stated in section
2 of this Act. No increase in gross square footage authorized by section 1 of this Act may exceed
ten percent. Any increase in gross square footage may only be made to accommodate design
changes needed to comply with building code requirements and to address unforeseeable
structural, subsoil, or environmental conditions.
Section 4. The design and construction of the facility authorized in this Act shall be under
the general supervision of the Bureau of Administration as provided in chapter 5-14. 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 this Act. No contract for construction may be issued until the donated funds
referred to in section 2 of this Act have been accumulated sufficient to pay for the construction,
completion, furnishing, equipping, including heating, air conditioning, plumbing, water, sewer,
electric facilities, sidewalks, parking, landscaping, and architectural and engineering services,
required to construct the facility.
Section 5. 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, buttresses, etc., which
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
Section 6. In order to secure regular dimensions for the site of the construction authorized
in this Act, the Board of Regents may purchase improved real property adjacent to the campus
of South Dakota State University at a cost not to exceed two hundred seventy-five thousand
dollars. The parcel of real property is described as follows:
W 85' of Lots 1, 2 and 3, Block 1, Wheaton's addition, City of Brookings, Brookings
County, South Dakota.
Section 7. The Board of Regents may sell, dismantle, or otherwise dispose of any
improvements on the property described in section 6 of this Act.
Section 8. The Board of Regents shall file its plan to provide for the operation and the
maintenance and repair expenses related to the project authorized in this Act with the Executive
Board of the Legislative Research Council no later than November 1, 2010.
Signed March 9, 2010