ADOPTED SENATE AMENDMENTS

 

MONDAY, FEBRUARY 23, 2004

 

SF0001S3003/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 81-After line 19   Insert the following new section and renumber as necessary:

"[FINANCIAL ANALYSIS]

 

     Section 322.

 

The state treasurer shall conduct a financial analysis for long-term investment of funds that considers the most financially beneficial use of the state’s financial resources. The analysis shall include a debt capacity analysis of W.S. 9-4-605, an analysis of issuing debt on a variable rate versus fixed rate basis and the development of criteria to judge and mitigate interest rate and basis risk from each approach, and a sensitivity analysis of investing revenue or appropriations under W.S.9-4-605 in the common school permanent land fund or other trust funds which considers various rates of return from both fixed increase, equity investments or both. The state treasurer shall report to the select committee on capital finance and investments not later than July 1, 2004 on the results of this analysis. There is appropriated to the state treasurer from the general fund twenty-five thousand dollars ($25,000.00) for purposes of this section.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MOCKLER

 

 

 

 

 

 

 

 

SF0001S3007/A

 

[BUDGET AFFECTED]

 

Budget(s):  048.   Department of Health

(Developmental Disabilities)

 

* * * * * * * * * *

 

Page 29-line 13    After "4." delete balance of line.

 

Page 29-lines 14 through 18       Delete and insert:

 

"The department shall develop a plan to reevaluate clients in the acquired brain injury program every five (5) years.  Based on this reevaluation, individuals may need less intensive care.  The plan shall consider needs for safety, protective shelter, sheltered work activities and medical management including medication and therapies necessary to maintain the level of self-sufficiency the client has obtained.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

SF0001S3008/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 81-After line 19   Insert the following new section and renumber as necessary:

 

[BRUCELLOSIS TASK FORCE]

 

     Section 322.

 

There is created the Wyoming brucellosis task force. The Governor shall determine the appropriate number of task force members and shall appoint individuals involved in the beef and other industries affected by brucellosis in Wyoming. The task force shall propose recommendations for policies, rules and legislation to combat brucellosis. The task force may contract with consultants as necessary to perform its duties. Members shall be compensated for mileage, per diem and other expenses in the same manner and amount as state employees. Not later than December 31, 2004 the task force shall report its recommendations to the Governor and the legislature. There is appropriated from the natural resource policy account to the department of agriculture one hundred twenty-five thousand dollars ($125,000.00) for purposes of implementing this section. Any unobligated, unexpended funds remaining on December 31, 2004 shall revert to the natural resource policy account.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  CATHCART, HINES

 

 

 

SF0001S3009/A

 

[BUDGET AFFECTED]

 

Budget(s):    060.Office of State Lands and Investments

 

* * * * * * * * * *

 

Page 35 – line 4   Delete ",3.".

 

Page 35 – line 7   After "Grants" insert "3.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

 

SF0001S3011/A

 

[BUDGET AFFECTED]

 

Budget(s):  Capital Construction.  067.  University of Wyoming

 

* * * * * * * * * *

 

Page 59-line 33    After "Facilities" insert "2.".

 

Page 60-after line 7    Insert:

 

"2.  Of this appropriation, one million two hundred thousand dollars ($1,200,000.00) shall be used by the University of Wyoming for athletic facilities related to track and field and other non-revenue generating sports.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  GEIS, SCHIFFER

 

 

 

SF0001S3013/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 81-After line 19   Insert the following new section and renumber as necessary:

"[APPROPRIATIONS TO THE TRIBES]

 

     Section 322.

 

All appropriations to the tribes are for the specific purposes identified.  In the event that a dispute arises over the implementation of any executed contract regarding any appropriation, the state and the tribes agree to enter into good faith negotiations to resolve the dispute.  In the event that negotiations fail to resolve the differences, the state and the tribes agree to non-binding arbitration.  Each side shall pay the costs, if any, of its selected arbitrator and to share the costs, if any, of the third party arbitrator.  Appropriations to the tribes are made in recognition that tribal members are citizens of Wyoming entitled to equal privileges.  Fulfilling the intended purposes of the appropriations are best achieved through a cooperative approach between the state and the tribes.  If the dispute cannot be resolved, the appropriation shall remain with the state of Wyoming.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  PECK, VASEY, CASE

 

 

SF0001S3014/A

 

[BUDGET AFFECTED]

 

Budget(s):    051.Livestock Board, Administration

 

* * * * * * * * * *

 

Page 31-line 7     After "1." insert ",2."; under GENERAL FUND increase amount by "77,210".

 

Page 31-after line 25   Insert:

 

"2.  Of this general fund appropriation, two hundred seventeen thousand nine hundred ninety-seven dollars ($217,997.00) for the assistant state veterinarian is effective immediately.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  CATHCART, SCHIFFER, GEIS

 

 

SF0001S3015/AC CORRECTED

CORRECTED COPY

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

Section   051.Livestock Board

 

Other Budget(s) Affected:

     Section   010.Department of Agriculture

 

* * * * * * * * * *

 

Page 11-line 4     After "Division" insert "2."; under GENERAL FUND increase amount by "230,000".

 

Page 11-after line 28   Insert:

 

"2.  Of this general fund appropriation, two hundred thirty thousand dollars ($230,000.00) shall be effective immediately and shall only be expended for support of two (2) full-time lab tech I services at the Wyoming state veterinary lab in Laramie, Wyoming.  Ten thousand dollars ($10,000.00) shall only be expended for out-of-state travel for brucellosis related issues.  The state veterinarian or his designee shall serve at the direction of the department of agriculture on brucellosis related issues.  Additionally, if 2004 House Bill 54 is enacted into law, then all monies appropriated in 2004 House Bill 54 shall be administered by the department of agriculture from brucellosis testing and control efforts in this state.".

 

Page 31-line 7     After "Administration" delete "1."; under GENERAL FUND decrease amount by "1,770,605".

 

Page 31-lines 21 through 25  Delete.

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  CATHCART, SCHIFFER, GEIS

 

 

SF0001S3018/A

 

[BUDGET AFFECTED]

 

Budget(s):    Capital Construction    024.  Dept. of State Parks & Cultural Resources

 

* * * * * * * * * *

 

Page 57-line 1     After "1." delete balance of line.

 

Page 57-lines 2 and 3   Delete and insert:  "This general fund appropriation is effective immediately.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MOCKLER

 

 

 

 

 

 

SF0001S3019.01/AC CORRECTED

DIVIDED AMENDMENT

 

[BUDGET AFFECTED]

 

Budget(s):    048.  Dept. of Health, Prescription Drug Program

 

* * * * * * * * * *

 

Page 28-line 25    After "test to" insert "help".

 

Page 28-line 27    After "2006." insert "The asset test shall include financial assets but shall exclude an automobile with a market value of less than fifteen thousand dollars ($15,000.00) and a home lived in by the recipient.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCOTT

 

 

SF0001S3020/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 81-After line 19   Insert the following new section and renumber as necessary:

 

"[TELECOMMUNICATIONS UNIVERSAL SERVICE FUND STUDY]

 

     Section 322.  Seventy-five thousand dollars ($75,000.00) is appropriated from the general fund to the legislative service office to fund a study by the joint corporations, elections and political subdivisions interim committee on the current state telecommunications universal service fund, the effects of changing the current fund from a price-based fund to a cost-based fund, implications and desirability of supporting only a single line for each business and residential customer receiving support through the fund, the universal service fund subsidy level and the fund's appropriate structure.  Expenditures shall fund necessary committee staff support and consultants to the legislature, as approved by the management council.  Findings and recommendations shall be submitted to the legislature in sufficient time for consideration during the 2005 general session.  This section shall be effective immediately.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MEIER

 

 

SF0001S3023/A

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

Section   010.Department of Agriculture

 

Other Budget(s) Affected:

     Section   085.Wyoming Business Council

 

* * * * * * * * * *

 

Page 11-line 4     Under GENERAL FUND increase amount by "200,000".

 

Page 42-line 4     Under GENERAL FUND decrease amount by "200,000".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

SF0001S3025/A

 

[BUDGET AFFECTED]

 

Budget(s):    004.State Treasurer

 

* * * * * * * * * *

 

Page 7-line 26     After "Operations" insert "1.".

 

Page 7-after line 37    Insert:

 

"1.  This appropriation shall not be expended for any attorney to appear in any court, administrative proceeding or hearing, nor take a position in any proceeding or matter on behalf of the state of Wyoming.  This appropriation shall not be expended for any attorney to perform any of the duties or responsibilities currently performed by the office of the Wyoming attorney general by statute or the Wyoming constitution.".

 

Page 8-line 22     After "law." insert "This appropriation shall not be expended for any attorney to appear in any court, administrative proceeding or hearing, nor take any position in any proceeding or matter on behalf of the state of Wyoming.  This appropriation shall not be expended for any attorney to perform any of the duties or responsibilities currently performed by the office of the Wyoming attorney general by statute or the Wyoming constitution.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

SF0001S3026/A

 

[BUDGET AFFECTED]

 

Budget(s):    305.DISTRIBUTION OF FUNDS TO LOCAL GOVERNMENTS

 

* * * * * * * * * *

 

Page 65-lines 26 through 28  Delete.

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

SF0001S3031/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    049.  Department of Family Services, Assistance

 

* * * * * * * * * *

 

Page 31-after line 2    Delete the Massie Second Reading Amendment (SF0001S2034/A) to this line and further amend as follows: insert:

 

"4.  By October 1, 2004, the department of education and the department of family services shall present recommendations to the joint education interim committee and the joint labor, health and social services interim committee on how the expenditure of TANF funds can be coordinated between daycare centers and preschools for at-risk children to promote cooperation rather than competition.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MASSIE

 

 

SF0001S3034/A

 

[BUDGET AFFECTED]

 

Budget(s):    048.  Dept. of Health, Prescription Drug Program

 

* * * * * * * * * *

 

Page 28-line 9     After "1." insert ",9.".

 

Page 30-after line 3    Insert:

 

"9.  For those individuals who are eligible for the Medicare prescription drug card and for whom the card is cost effective, the department shall require use of the subsidy provided with the card as a condition of participation in the prescription drug assistance program.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCOTT

 

 

 

 

 

SF0001S3036/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  005.  Department of Education, WDE-FF Program

 

* * * * * * * * * *

 

Page 8-line 10     After "5." insert ",6.".

 

Page 9-After line 4:

 

"6.  (a)  Of the federal fund appropriation and in response to the information and reporting requirements imposed by the federal No Child Left Behind Act of 2001, one million five hundred thousand dollars ($1,500,000.00) shall be expended for the continuing development and implementation of the statewide education data system established under 2003 Wyoming Session Laws, Chapter 131, Section 327(b).  The expenditure of these funds shall include infrastructure development, software upgrading, staff training, central data management application, student identification applications, data processing and system management and oversight.

     (b)  The department shall periodically report expenditure of funds appropriated under subsection (a) of this footnote to the joint education interim committee, together with progress on system development and implementation.  In addition, a final report together with any necessary recommendations for system modification or additional funding, shall be submitted to the committee by December 1, 2004.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SESSIONS

 

 

SF0001S3037/A

 

[BUDGET AFFECTED]

 

Budget(s):    Capital Construction    024.Dept. of State Parks & Cultural Resources

 

* * * * * * * * * *

 

Page 56-line 31    After "Renovation" insert "4.".

 

Page 57-after line 14   Insert:

 

"4.  This appropriation shall be deposited into a trust account which is hereby created for the Ranch A renovation project.  Monies in this account shall not be expended until the Ranch A foundation has provided equal matching funds from non-state sources.  In the event matching funds are not provided, this appropriation shall revert to the budget reserve account on June 30, 2005.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

SF0001S3038/AC CORRECTED

 (CORRECTED COPY)

 

 

[BUDGET AFFECTED]

 

Budget(s):  027.  School Facilities Commission, Major Maintenance

 

* * * * * * * * * *

 

Page 21-line 10    After "Maintenance" insert "1.".

 

Page 21-After line 17 insert:

 

"1.  Notwithstanding W.S. 21‑15‑109(c) and if 2004 SF 0037 is not enacted into law, the total number of gross square feet of school buildings and facilities within each school district, as determined for purposes of computing major maintenance payments for school years 2004-2005 and 2005-2006, shall be based upon guidelines adopted by the school facilities commission prior to December 5, 2003.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  DEVIN, SCHIFFER, CATHCART

 

 

 

 

SF0001S3039/A

 

[BUDGET AFFECTED]

 

Budget(s):    Capital Construction    006.Dept. of Administration, Pioneer Building

 

* * * * * * * * * *

 

Page 55-line 20    Under GENERAL FUND decrease amount by "800,000".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  DEVIN, CATHCART

 

 

SF0001S3040/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  049.  Department of Family Services, Assistance

 

* * * * * * * * * *

 

Page 30-line 10    After "3." insert ",4."; under GENERAL FUND increase amount by "750,000".

 

Page 31-After line 2 insert:

 

"4.  Of the general fund appropriation, seven hundred fifty thousand dollars ($750,000.00) shall only be expended for the low income energy assistance program, two hundred fifty thousand dollars ($250,000.00) of which shall be effective immediately to cover revenue shortfalls experienced by the program during the federal 2003-2004 fiscal period.  The remaining five hundred thousand dollars ($500,000.00) shall be effective July 1, 2004, for expenditure during the 2005-2006 biennium.  The combined appropriation under this footnote shall be considered a one-time appropriation and shall not be included as part of the department's 2007-2008 standard budget.  On or before December 1, 2005, the department shall report to the joint appropriations interim committee on expenditures made under this footnote for the low income energy assistance program.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MEIER, MASSIE

 

 

 

SF0001S3041/A

 

[BUDGET AFFECTED]

 

Budget(s):  303.  Permanent Mineral Trust Fund-Transfers

 

* * * * * * * * * *

 

Page 63-lines 6 through 8    Delete.

 

Page 63-line 11    After "fund" insert "seven million dollars ($7,000,000.00)" and delete balance of line.

 

Page 63-line 12    Delete line through ".".

 

Page 63-line 13    Delete "twenty-five million dollars ($25,000,000.00)" insert "seven million dollars ($7,000,000.00)".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  HINES

 

 

SF0001S3042/AC CORRECTED

CORRECTED COPY

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

Section   001.Governor's Office

 

Other Budget(s) Affected:

Section       002.Secretary of State

Section       004.State Treasurer

Section       005.Dept. of Education

Section       026.Dept. of Workforce Services

Section       057.Community College Commission

Section       067.University of Wyoming

Section       Capital Construction    006.Dept. of Administration & Information

Section       Capital Construction    010.Dept. of Agriculture

Section       304.  SPENDING POLICY RESERVE ACCOUNT – TRANSFERS

 

* * * * * * * * * *

 

Delete the Schiffer Third Reading Amendment (SF0001S3025/A) entirely and further amend as follows:

 

Page 5-line 9       Under GENERAL FUND decrease amount by "100,000".

 

Page 6-line 7       Under GENERAL FUND decrease amount by "750,000".

 

Page 7-line 26      Under GENERAL FUND decrease amount by "220,360".

 

Page 8-line 9       After "Program" delete "1."; under GENERAL FUND decrease amount by "220,360".

 

Page 8-lines 20 through 22   Delete.

 

Page 20-line 25     Under GENERAL FUND decrease amount by "1,000,000".

 

Page 21-line 1     Delete "three million dollars ($3,000,000.00)" insert "two million dollars ($2,000,000.00)".

 

Page 33-line 24    Delete.

 

Page 33-line 25    Under GENERAL FUND decrease amount by "1,921,617".

 

Page 33-line 34    Delete.

 

Page 37-line 18    Under GENERAL FUND decrease amount by "20,000,000".

 

Page 55-line 19    Delete.

 

Page 55-line 21    Delete.

 

Page 55-lines 25 through 27  Delete.

 

Page 55-lines 32 and 33Delete.

 

Page 56-lines 1 and 2   Delete.

 

Page 56-line 19    Delete.

 

Page 63-line 29    Delete "sixty".

 

Page 63-line 30    Delete "million dollars ($60,000,000.00)" insert "twenty-seven million dollars ($27,000,000.00)".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER

 

 

SF0001S3043/A

 

[BUDGET AFFECTED]

 

Budget(s):  005.  Department of Education, WDE-FF Program

 

* * * * * * * * * *

 

Page 8-line 10     After "5." insert ",6.".

 

Page 9-After line 4 insert:

 

"6.  The department shall provide periodic reports to the joint education interim committee on the expenditure of federal funds for implementation and administration of programs under the federal No Child Left Behind Act of 2001, including detailed expenditure reports and an explanation and verification of outcomes achieved under these expenditures.  The first report shall be made on or before November 1, 2004.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SESSIONS

 

 

 

 

SF0001S3044/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 81-After line 19   Insert the following new section and renumber as necessary:

"[SPLIT ESTATES JOINT EXECUTIVE-LEGISLATIVE COMMITTEE]

 

     "Section 322.

 

(a)  There is appropriated from the general fund to the legislative service office forty-five thousand dollars ($45,000.00) to be used to establish and support a joint executive-legislative committee on split estates to study issues and draft legislation to modernize Wyoming statutes with respect to estates in which the mineral rights and surface rights are held by different parties.

 

(b)  The committee shall consist of nine (9) members including:

 

(i)  Three (3) appointees selected by the governor;

 

(ii)  Three (3) members of the house of representatives, with not more than two (2) members from the same political party.  The members shall be appointed by the speaker of the house, who shall also appoint one of the members as cochairman of the committee.  One (1) member each shall be from the house standing:

 

(A)  Agriculture, public lands and water resources committee;

 

(B)  Judiciary committee;

 

(C)  Minerals, business and economic development committee.

 

(iv)  Three (3) members of the senate, with not more than two (2) members from the same political party.  The members shall be appointed by the president of the senate, who shall also appoint one of the members as cochairman of the committee.  One (1) member each shall be from the senate standing:

 

(A)  Agriculture, public lands and water resources committee;

 

(B)  Judiciary committee;

 

(C)  Minerals, business and economic development committee.

 

(c)  State agencies shall provide information and other support to the committee as requested.  The legislative service office shall staff the committee.  The committee shall meet as necessary and shall report to the joint judiciary interim committee its recommendations for statutory changes not later than November 1, 2004.  The committee may request the presence of and hear testimony from any person relating to the subject of split estates, specifically including but not limited to representatives of:

 

(i)  The oil and gas industry;

 

(ii)  Private landowners affected by split estates;

 

(iii)  Private mineral estate owners affected by split estates;

 

(iv)  A state with an accommodation doctrine in its state laws;

 

(v)  The banking industry;

 

(vi)  Rural land appraisers.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  BURNS

 

 

 

 

 

 

SF0008S3002/A

 

 

Page 2-line 22     After "appropriation" insert "and upon the determination of an emergency by the department as approved by the governor".

 

Page 3-line 12     Delete "grace" insert "discretion".

 

Page 5-line 11     Delete "unencumbered funds" insert "grants and aid payments authorized for this program".

 

Page 18-line 10    Before "case" insert "proposed".

 

Page 27-line-23    After "disposition." insert "The hearing shall be conducted in the presence of counsel and guardian ad litem, if so appointed.".

 

Page 42-line 8     After "disposition." insert "The hearing shall be conducted in the presence of counsel and guardian ad litem, if so appointed.".  KUNZ