H.B. No. 0001

General government appropriations.

 

Sponsored By:                    Joint Appropriations Interim Committee

 

AN ACT to make appropriations for the biennium commencing July 1, 2004, and ending June 30, 2006; providing definitions; providing for appropriations and transfers of funds during that biennium and for the remainder of the current biennium as specified; conforming specified statutory provisions during the term of the budget period as related to these appropriations; providing for employee positions as specified; and providing for an effective date.

 

02/09/2004             Bill Number Assigned

02/11/2004             H Received for Introduction

02/13/2004             H Introduced and Referred to HCOW

02/13/2004             H Placed on General File

02/17-18/2004        H Amendments Adopted

 

HB0001HW024/ADOPTED

[BUDGET AFFECTED]

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

* * * * * * * * * *

Page 8-line 9                            After "4." insert ",6.".

Page 9-After line 4 insert:

"6.  Of this school foundation program account appropriation and notwithstanding W.S. 21‑13‑306, two million eight hundred twenty-seven thousand four hundred twenty dollars ($2,827,420.00) shall only be expended for the Wyoming education gateway (WEdGate) and teacher and leader quality program.".  NICHOLAS

 

HB0001HW007/ADOPTED

[BUDGET AFFECTED]

Budget(s): 024. State Parks and Cultural Resources

(State Parks & Historic Sites)

* * * * * * * * * *

Page 19-line 24                         After "1."  insert ",2."; under GENERAL FUND increase amount by "50,000".

Page 19 after line 36 insert:

"2. Of this general fund appropriation, fifty thousand dollars ($50,000.00) shall only be expended for the purpose of contracting with the city of Thermopolis to provide security services at Hot Springs State Park for the period beginning July 1, 2004 and ending June 30, 2006.".

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

 

HB0001HW015/ADOPTED

[BUDGET AFFECTED]

Budget(s): 024 Department of State Parks and Cultural Resources

* * * * * * * * * *

Page 19–line 35                        After "." delete balance of the line insert: "The appropriation and positions specified in this footnote are effective".

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

 

HB0001HW004/ADOPTED

[BUDGET AFFECTED]

Budget(s):         026.  Department of Workforce Services

                                                                        (Administration)

* * * * * * * * * *

Page 21-line 2                          After "the" insert "upgrading or"; delete "and" insert ", existing or".  MEULI, NICHOLAS

 

HB0001HW001/FAILED

[BUDGET AFFECTED]

Budget(s):  045.            Department of Transportation

                                                (Law Enforcement)

* * * * * * * * * *

Page 27-line 6                          Under OTHER FUNDS increase amount by "1,448,390SR".

Page 27-line 16                        Increase Full Time positions by "10".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  WARREN, BAGBY, MEYER, OSBORN

 

HB0001HW022/FAILED

[BUDGET AFFECTED]

Budget(s):  048.            Department of Health 

(Community Health and Office of Medicaid)

* * * * * * * * * *

Page 28–line 6                          After "Health" insert "9."; under GENERAL FUND increase amount by "242,747".

Page 28–line 8                          After "Medicaid" insert "10."; Under GENERAL FUND increase amount by " "2,604,456"; Under FEDERAL FUND increase amount by "3,574,561".

Page 30-After line 3                  Insert:

"9. Of this general fund appropriation two hundred forty-two thousand seven hundred forty-seven dollars ($242,747.00) shall only be expended for purposes of increasing reimbursement rates to providers of dental services in the state dental health program.

10. Of this general fund appropriation two million six hundred four thousand four hundred fifty-six dollars ($2,604,456.00) and of this federal fund appropriation, three million five hundred seventy-four thousand five hundred sixty-one dollars ($3,574,561.00) shall only be expended to increase reimbursement rates to providers of dental services in the dental health program.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  HARVEY, HASTERT, LAW, ROBINSON

 

HB0001HW003/FAILED

[BUDGET AFFECTED]

Budget(s): 048.  Department of Health

(Office of Medicaid)

* * * * * * * * * *

Page 28-line 8                           After "Medicaid" insert "9."; under GENERAL FUND increase amount by "719,780".

Page 30-After line 3                             Insert:

"9.  Notwithstanding W.S. 42-4-104(c), of this general fund appropriation, seven hundred nineteen thousand seven hundred eighty dollars ($719,780.00) shall only be expended for medical assistance to skilled nursing homes to ensure that providers of skilled nursing home services shall receive not less than the per diem base rate in effect prior to July 1, 2002.  This footnote is effective for the fiscal period commencing July 1, 2004, and ending June 30, 2005.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.   MEYER, OLSEN, MORGAN

 

HB0001HW027/ADOPTED

[BUDGET AFFECTED]

Budget(s):         048 – Department of Health (Office of Medicaid)

* * * * * * * * * *

Page 28–line 8                          After "Medicaid" insert "9."; Under GENERAL FUND increase amount by "5,000,000"; Under FEDERAL FUND increase amount by "6,682,396".

Page 30-After line 3                             Insert:

"9. (a) Of this general fund appropriation, five million dollars ($5,000,000.00) and of this federal fund appropriation, six million six hundred eighty-two thousand three hundred ninety-six dollars ($6,682,396.00)shall only be expended for payments to qualified Wyoming hospitals for inpatient and outpatient hospital services. Payments shall be made using a prospective payment methodology that produces a rate approximately equivalent to one hundred percent (100%) of the actual allowable cost for equivalent services, as adjusted annually by the department.

(b) For purposes of this footnote, a hospital is a qualified Wyoming hospital if it is certified by the Wyoming department of health pursuant to its rules and regulations as having, or is in the process of developing an effective patient care improvement program or quality health care staff retention program that meets the certification standards developed by the department that are similar to national programs such as the patient care improvement program by the Planetree Alliance or the staff retention quality program by the American Nurses Association.

(c) The department shall report to the joint appropriations interim committee and the joint labor, health and social services interim committee by October 31, 2004 on the progress of this program and the development of rules and regulations.".

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

 

HB0001HW026/FAILED

[BUDGET AFFECTED]

Budget(s):  048 Department of Health

(Substance Abuse)

* * * * * * * * * *

Page 28-line 14                        After "3." insert ",9."; Under GENERAL FUND increase amount by "2,500,000".

Page 30-After line 3                 Insert:

"9.  Of this general fund appropriation, two million five hundred thousand dollars ($2,500,000.00) shall only be expended to provide local governments with grants for the purpose of employing law enforcement officers and other persons to investigate and prosecute offenses related to the use, sale or manufacture of methamphetamines and to provide necessary services for children endangered by the use, sale or manufacture of methamphetamines.  Grant requests shall be reviewed and awards determined by the governor's advisory board on substance abuse and violent crime.  These funds shall not be used to supplant other funding sources but only to augment existing personnel resources.  The board shall give preference to requests that are related to the protection of drug-endangered children and the interdiction of methamphetamines.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  PARADY, HARVEY, HINCKLEY, WARREN

 

HB0001HW014/ADOPTED

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration:   

048.  Department of Health

(Developmental Disabilities)

Other Budget(s) Affected:

Addition to 300 Sections

* * * * * * * * * *

Page 28-line 15                        After "5." insert ", 9."; under GENERAL FUND increase amount by "4,077,688".

Page 30-After line 3 insert:

"9.  Of this general fund appropriation, four million seventy-seven thousand six hundred eighty-eight dollars ($4,077,688.00) shall only be expended to reimburse providers of developmental services for preschool children.".

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

"[PRESCHOOL DEVELOPMENTAL-EDUCATIONAL STUDY]

            Section 322.

(a)  The joint labor, health and social services interim committee shall study the costs of providing development health and educational services to qualifying preschool children in the state.  The committee shall work with the developmental preschool centers in the state in developing the study design and may contract with consultants in conducting the study.  The study shall identify the costs of service provision and recommend a mechanism for funding the costs of providing the services.  A preliminary report shall be provided to members of the legislature not later than November 1, 2004, and a final report shall be provided by October 1, 2005.

(b)  Two hundred fifty thousand dollars ($250,000.00) is appropriated from the budget reserve account to the legislative service office for purposes of the study required under subsection (a) of this section.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  HARVEY, HASTERT, ROBINSON, WOSTENBERG

 

HB0001HW006/ADOPTED

[BUDGET AFFECTED]

Budget(s):  048.            Department of Health

(Division of Aging)

* * * * * * * * * *

Page 28-line 16                        Under GENERAL FUND increase amount by "500,000".

To the extent required by this amendment:  adjust totals; and renumber as necessary.     PARADY, LOCKHART, MARTIN, LANDON

 

HB0001HW013/ADOPTED

[BUDGET AFFECTED]

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

* * * * * * * * * *

Page 30–line 8                          After "Services" insert "4."; Under GENERAL FUND increase amount by "420,000".

Page 31-After line 2                  Insert:

"4.  Of this general fund appropriation, four hundred twenty thousand dollars ($420,000.00) shall only be expended to provide child protection services for the Northern Arapaho and Eastern Shoshone Tribes for the period beginning July 1, 2004 and ending June 30, 2006.  The department is authorized to contract for personnel and support services as necessary to implement this footnote.". 

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

 

HB0001HW018/ADOPTED

[BUDGET AFFECTED]

Budget(s):         049.  Department of Family Services

(Services)

* * * * * * * * * *

Page 30-line 8                          After "Services" insert "4."; Under GENERAL FUND increase amount by "728,228".

Page 30-line 16                        Increase Full Time positions by "1".

Page 31-After line 2                 Insert:

"4.  Of this general fund appropriation, seven hundred twenty-eight thousand two hundred twenty-eight dollars ($728,228.00) shall only be expended for one (1) additional full time employee and to support the increased caseload and treatment costs for court ordered placement of eighteen (18) to twenty-one (21) year old youth.  The appropriation and position specified in this footnote are effective only if 2004 Senate File 8 is enacted into law.".

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

 

HB0001HW016/ADOPTED

[BUDGET AFFECTED]

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

* * * * * * * * * *

Page 30-line 10                        After "3." insert ",4."; under GENERAL FUND increase amount by "1,400,000".

Page 31-After line 2 insert:

"4.  Of the general fund appropriation, one million four hundred thousand dollars ($1,400,000.00) shall only be expended for the low income energy assistance program.  This appropriation 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, 2006, 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.  WARREN, BRECHTEL, JOHNSON, L., REESE

 

02/17/2004             H Considered in CoW

 

HB0001HW005/ADOPTED

[BUDGET AFFECTED]

Budget(s):  051.            Livestock Board

(Administration)

* * * * * * * * * *

Page 31-line 7                          Under GENERAL FUND increase amount by "110,000".

Page 31-line 17                        Increase Full Time positions by "1".

Page 31-line 21                        Delete "one hundred ten thousand dollars ($110,000.00)" insert "two hundred twenty thousand dollars ($220,000.00)".

Page 31-line 22                        Delete "one (1)" insert "two (2)".

Page 31-line 24                        Delete "ten thousand dollars".

Page 31-line 25                        Delete "($10,000.00)" insert "fifty thousand dollars ($50,000.00)".

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

 

HB0001HW028/FAILED

[BUDGET AFFECTED]

Budget(s):         057      Community College Commission

(Community Colleges Endowment)

* * * * * * * * * *

Page 33-line 24                        Under GENERAL FUND decrease amount by "14,000,000". 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  PARADY, LUTHI, NICHOLAS

 

HB0001HW011/ADOPTED

[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.  NICHOLAS

 

HB0001HW002/FAILED  (CORRECTED COPY)

[BUDGET AFFECTED]

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

(Mineral Royalty Grants)

* * * * * * * * * *

Page 35-line 7                          After "Grants" insert "4."; under GENERAL FUND increase amount by "5,000,000".

Page 35-After line 32               Insert:

"4.  Of this appropriation five million dollars ($5,000,000.00) shall be effective immediately".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  OLSEN, BUCHOLZ, EDWARDS

 

HB0001HW023/FAILED

[BUDGET AFFECTED]

Budget(s):         072 Retirement System  (Deferred Compensation)

* * * * * * * * * *

Page 38–line 23                        After "Compensation" insert "1.".

Page 38–line 29                        Decrease Full Time positions by "3".

Page 38-After line 31                Insert:

"1. Of this appropriation, nine hundred twenty-nine thousand four hundred forty-nine dollars ($929,449.00) appropriated for the exception budget request shall only be expended in the 900 series to contract for services for investment and plan design, and participation education and enrollment services.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  JOHNSON, W., DIERCKS, MCOMIE

 

HB0001HW010/FAILED

[BUDGET AFFECTED]

Budget(s):  085  Wyoming Business Council

(Wyoming Business Council)

* * * * * * * * * *

Page 42-line 4 after "1.,2."  insert "4."; under GENERAL FUND increase amount by "5,500,000".

Page 43-After line 4                 Insert:

"4.  (a)  Of this general fund appropriation, up to five million five hundred thousand dollars ($5,500,000.00) shall only be expended by transfer to the county commissioners of Park County for the purchase, before July 1, 2004, of the Marathon Oil Company headquarters building and grounds in the city of Cody.

(b)  The council shall not release the funds to the board until the attorney general has approved a contract between the board and Marathon Oil in which Marathon agrees in writing to:

(i)  Invest, within eighteen (18) months of the sale, an amount at least equal to the sale price in oil recovery projects in Park and Big Horn Counties;

(ii)  Escrow five hundred thousand dollars ($500,000.00) for up to three (3) years to offset shortfalls in projected rental revenue or to pay unanticipated maintenance costs.

(c)  The board of county commissioners, within sixty (60) days after the sale, shall sell or lease all or a substantial portion of the building for at least twenty (20) years to a non-profit entity whose purpose is to promote educational opportunity and development of knowledge through classes, seminars and research programs, and which will utilize the building and the entity's resources and programs to stimulate improved economic development and conditions for the Big Horn Basin and the State of Wyoming.

(d)  This footnote and the appropriation included with this footnote are effective immediately.".

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

 

HB0001HW021/ADOPTED

[BUDGET AFFECTED]

Budget(s):  085.            Wyoming Business Council

(Wyoming Business Council)

* * * * * * * * * *

Page 42-line 4                          Under GENERAL FUND increase amount by "252,225".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  WARREN, ILLOWAY, SLATER

 

HB0001HW019/ADOPTED  (CORRECTED COPY-2)

[BUDGET AFFECTED]

Budget(s):  085.            Wyoming Business Council

(Tourism)

* * * * * * * * * *

Page 42-line 6                          After "3." insert ",4."; Under GENERAL FUND increase amount by "2,000,000".

Page 43-After line 4                 Insert:

"4.  Of this general fund appropriation, two million dollars ($2,000,000.00) shall only be expended to support national television advertising.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MORGAN, EDWARDS, PETERSEN, THOMPSON

 

HB0001HW025/ADOPTED

[BUDGET AFFECTED]

Budget(s):                     151 District Attorney/Jud. Dist. 1 (Administration) 

* * * * * * * * * *

Page 51–line 17                        Under GENERAL FUND increase amount by "55,964".

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

 

HB0001HW008/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):  024.                        Department of State Parks and Cultural Resources

(Hist. Governor's Mansion-Rehab.)

* * * * * * * * * *

Page 56–line 32                        Under GENERAL FUND increase amount by "135,390".

Page 57-lines 1-3                      Delete entirely and insert:

"1. Of this general fund appropriation, four hundred thirty-five thousand three hundred ninety dollars ($435,390.00) shall only be expended for the renovation and restoration of the historic governor's mansion. This appropriation shall be effective immediately.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SIMPSON, ESQUIBEL, PARADY, REESE

 

HB0001HW009/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):  024.                        Department of State Parks and Cultural Resources

(Hist. Governor's Mansion-Rehab.)

* * * * * * * * * *

Page 56–line 32                        After "2." insert ",4."; under GENERAL FUND increase amount by "200,000".

Page 57-After line 14   Insert:

"4.  Of this general fund appropriation, two hundred thousand dollars ($200,000.00) shall only be used to restore and stabilize the mansion carriage court and grounds.  This appropriation shall be effective immediately.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SIMPSON, ESQUIBEL, PARADY, REESE

 

HB0001HW012/ADOPTED

[BUDGET AFFECTED]

Budget(s):    Section 301. School capital construction-transfers

* * * * * * * * * *

Page 62–line 8                          After "subsection." Insert:

"If the state auditor reduces the appropriation from the budget reserve account to the school capital construction account pursuant to this subsection, the state auditor shall transfer on June 30, 2005 and on June 30, 2006 an amount equal to any reductions made each year under this subsection, but not to exceed seventy-five million dollars ($75,000,000.00) per year, from the budget reserve account to the permanent Wyoming mineral trust fund.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  LUTHI, ANDERSON, R., ILLOWAY, PARADY

 

HB0001HW029/ADOPTED

[BUDGET AFFECTED]

Budget(s):         Section 302. Medicaid contingency appropriations.

* * * * * * * * * *

Page 62-lines 24 through 31     Delete entirely. 

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

 

HB0001HW020/ADOPTED

[BUDGET AFFECTED]

Budget(s):  Section 306.  [EMPLOYEE BENEFITS]

* * * * * * * * * *

Page 67-After line 26               Insert:

"(iii)  Eleven million dollars ($11,000,000.00) for the purpose of paying to the state health insurance plan under W.S. 9-3-218, for the period commencing July 1, 2004 and ending June 30, 2006, the lesser of two hundred dollars ($200.00) per month or an amount equal to the least expensive monthly health insurance premium for each qualifying retired executive, judicial and legislative branch employee including employees of the University of Wyoming and the community colleges.".

Page 68-line 26            Delete "paragraph" insert "paragraphs"; after "(a)(i)" insert "and (a)(iii)".  MCOMIE, LAW, REESE, WARREN

 

HB0001HW017/ADOPTED

[BUDGET AFFECTED]

Budget(s): Section 307 [MAJOR MAINTENANCE FUNDING PROCESS FOR STATE FACILITIES, UNIVERSITY AND COMMUNITY COLLEGES]

* * * * * * * * * *

Page 69–line 6                          Delete "fiscal year" insert "biennium". NICHOLAS

 

02/18/2004             H Passed CoW

 

HB0001H2023/ADOPTED

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration:

Section 005.  Department of Education (WDE-GF Program)

Other Budget(s) Affected:

            Section 205.  Education – School Finance

* * * * * * * * * *

Page 8-line 9                            Under GENERAL FUND decrease amount by "6,313,000".

Page 52-After line 20               Insert "Reading Assessment & Intervention"; under OTHER FUNDS increase amount by "7,550,640S5".

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

 

HB0001H2027/ADOPTED

[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.  Nothing in this federal fund appropriation under the federal No Child Left Behind Act of 2001 shall mandate, direct or control a state, school district or any school educational program, an allocation of state or district resources nor mandate any state or district to expend any funds or incur any costs not covered under this appropriation.".

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

 

HB0001H2006/ADOPTED

[BUDGET AFFECTED]

Budget(s): 048.  Department of Health

(Office of Medicaid)

* * * * * * * * * *

Page 28-line 8                           After "Medicaid" insert "9."; under GENERAL FUND increase amount by "719,780".

Page 30-After line 3                             Insert:

"9.  Notwithstanding W.S. 42-4-104(c), of this general fund appropriation, seven hundred nineteen thousand seven hundred eighty dollars ($719,780.00) shall only be expended for medical assistance to skilled nursing homes to ensure that providers of skilled nursing home services shall receive not less than the per diem base rate in effect prior to July 1, 2002.  This footnote is effective for the fiscal period commencing July 1, 2004, and ending June 30, 2005.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.   MEYER, MORGAN, OLSEN

 

HB0001H2004/ADOPTED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         049.  Department of Family Services

(Services)

* * * * * * * * * *

Delete the Simpson committee of the whole amendment (HB0001HW018/A) entirely and further amend as follows:

Page 30-line 8                          After "Services" insert "4."; Under GENERAL FUND increase amount by "633,241".

Page 30-line 16                        Increase Full Time positions by "1".

Page 31-After line 2                 Insert:

"4.  Of this general fund appropriation, six hundred thirty-three thousand two hundred forty-one dollars ($633,241.00) shall only be expended for one (1) additional full time employee and to support the increased caseload and treatment costs for court ordered placement of eighteen (18) to twenty-one (21) year old youth.  The appropriation and position specified in this footnote are effective only if 2004 Senate File 8 is enacted into law.".

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

 

HB0001H2002/ADOPTED

[BUDGET AFFECTED]

Budget(s): 067 University of Wyoming

(State Aid)

* * * * * * * * * *

Page 37-line 18                         After "Aid" insert "1."; under GENERAL FUND  increase amount by "60,000".

Page 37-After line 25                Insert:

"1. Of this general fund appropriation, sixty thousand dollars ($60,000.00) shall be one-time funding and shall only be expended for continuing the University of Wyoming/Wyoming heritage foundation leadership Wyoming program for the period beginning July 1, 2004 and ending June 30, 2006.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  EDWARDS, COHEE, HASTERT, MEYER

 

HB0001H2009/ADOPTED

[BUDGET AFFECTED]

Budget(s):         067.     University of Wyoming

* * * * * * * * * *

Page 37-line 18                        After "Aid" insert "1."; under GENERAL FUND increase amount by "2,984,000".

Page 37-after line 25                Insert:

"1.  Of this amount, two million nine hundred eighty-four thousand dollars ($2,984,000.00) shall only be expended for the department of intercollegiate athletics to enhance future revenue generation, restore competitive excellence and achieve academic success.  These funds shall be considered one-time funds, shall not revert and shall not be included in the university's standard budget for the fiscal 2007-2008 biennium.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  REESE, HINCKLEY, LOCKHART, POWERS

 

HB0001H2013/FAILED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         020.     Environmental Quality 

(Water Quality)

* * * * * * * * * *

Page 17–line 6                          After "2." insert ",3."; Under GENERAL FUND increase amount by "81,132".

Page 17–line 17                        Increase Full Time positions by "1".

Page 17-After line 31                Insert :

"3.  Of this general fund appropriation, eighty-one thousand one hundred thirty-two dollars ($81,132.00) shall only be expended for the purpose of supporting one (1) full time position to implement 2004 House Bill 12. The appropriation and position specified in this footnote are effective only if 2004 House Bill 12 is enacted into law.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  LAW, LATTA, WALSH

 

HB0001H2017/FAILED

[BUDGET AFFECTED]

Budget(s): 026. Dept. of Workforce Services

(Administration)

* * * * * * * * * *

Page 20–line 25                        Under GENERAL FUND increase amount by "3,000,000".

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

 

HB0001H2020/FAILED

[BUDGET AFFECTED]

Budget(s):   026.                       Department of Workforce Services

(Administration)

* * * * * * * * * *

Page 20-line 25                        After "Administration" delete "1.".

Page 21-lines 1 through 3         Delete entirely, including the Meuli et al., committee of the whole amendment (HB0001HW004/A) to these lines.

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

 

HB0001H2001/FAILED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         045.     Department of Transportation

(Law Enforcement)

* * * * * * * * * *

Page 27-line 6                          Under OTHER FUNDS increase amount by "724,195SR".

Page 27-line 16                        Increase Full Time positions by "5". 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  WARREN, HARSHMAN, HINCKLEY

 

HB0001H2025/FAILED

[BUDGET AFFECTED]

Budget(s):  048.            Department of Health

(Substance Abuse)

* * * * * * * * * *

Page 28-line 14                        After "3." insert ",9."; Under GENERAL FUND increase amount by "2,000,000".

Page 30-After line 3                 Insert:

"9.  Of this general fund appropriation, two million dollars ($2,000,000.00) shall only be expended to provide local governments with grants for the purpose of employing law enforcement officers and other persons to investigate and prosecute offenses related to the use, sale or manufacture of methamphetamines and to provide necessary services for children endangered by the use, sale or manufacture of methamphetamines.  Grant requests shall be reviewed and awards determined by the governor's advisory board on substance abuse and violent crime.  These funds shall not be used to supplant other funding sources but only to augment existing personnel resources.  The board shall give preference to requests that are related to the protection of drug-endangered children and the interdiction of methamphetamines.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  PARADY, HARVEY, HINCKLEY, WARREN

 

HB0001H2016/FAILED

[BUDGET AFFECTED]

Budget(s):         048.  Department of Health

(Division on Aging)

* * * * * * * * * *

Page 28-line 16                        After "6." insert ",9."; under GENERAL FUND increase amount by "275,767"; under FEDERAL FUND increase amount by "378,484".

Page 30-after line 3                  Insert:

"9.  Of this appropriation, two hundred seventy-five thousand seven hundred sixty-seven dollars ($275,767.00) from general fund sources and three hundred seventy-eight thousand four hundred eighty-four dollars ($378,484.00) from federal funding sources shall be used to increase the participation capacity of the Medicaid assisted living waiver program by twenty-five (25) persons.".

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

 

HB0001H2008/FAILED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         072.     Retirement System

(Administration)

* * * * * * * * * *

Page 38–line 20                        Under OTHER FUNDS increase amount by "829,638PF".

Page 38–line 29                        Increase Full Time positions by "4".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MCOMIE, DIERCKS, LANDON

 

HB0001H2026/FAILED

[BUDGET AFFECTED]

Budget(s): 072. Retirement System

(Law Enforc. Retire Increase)

* * * * * * * * * *

Page 38–line 24                        After "Increase" insert "1."; under GENERAL FUND increase amount by "21,040,897".

Page 38-After line 31                Insert:

"1. This general fund appropriation shall only be expended for purposes of fully funding the unfunded accrued liability of the pension account of the Wyoming Law Enforcement Retirement Plan created by 2002 Wyoming Session Laws, Chapter 82.  The funds shall be used to fund the accrued liability of the account by means of a single payment rather than the twenty (20) annual amortized payments as provided in Wyoming Session Laws, Chapter 82, section 5.".

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

 

HB0001H2019/ADOPTED

[BUDGET AFFECTED]

Budget(s):   080.     Department of Corrections

(Women's Center)

* * * * * * * * * *

Page 40-line 9                          After "Center" insert "2.".; under GENERAL FUND increase amount by "219,089".

Page 40-line 17                        Decrease Full Time positions by "1".

Page 40-after line 22                Insert:

"2.  Of this general fund appropriation, two hundred ninety-two thousand five hundred seventy-five dollars ($292,575.00) shall be used to purchase computed radiology equipment and complete laboratory upgrades at the Niobrara Health and Life Center.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  DIERCKS, SIMPSON, WASSERBURGER

 

HB0001H2011/ADOPTED

[BUDGET AFFECTED]

Budget(s): 085. Wyoming Business Council

(Business Council)

* * * * * * * * * *

Page 42–line 4                          After "2." insert ",3."; under GENERAL FUND increase amount by "500,000".

Page 43 After line 4                              Insert:

"4. Of this general fund appropriation, five hundred thousand dollars ($500,000.00) shall be in addition to amounts appropriated in the standard and exception budget request for support of the market research center located in Laramie, Wyoming.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  Meyer, Latta, Law

 

HB0001H2021/FAILED

[BUDGET AFFECTED]

Budget(s):  085  Wyoming Business Council

(Wyoming Business Council)

* * * * * * * * * *

Page 42-line 4 after "1.,2."  insert "4.".

Page 43-After line 4                 Insert:

"4.  (a)  Of this general fund appropriation for the business ready community program, up to five million five hundred thousand dollars ($5,500,000.00) shall only be expended by transfer to the county commissioners of Park County for the purchase, before July 1, 2004, of the Marathon Oil Company headquarters building and grounds in the city of Cody.

(b)  The council shall not release the funds to the board until the attorney general has approved a contract between the board and Marathon Oil in which Marathon agrees in writing to:

(i)  Invest, within eighteen (18) months of the sale, an amount at least equal to the sale price in oil recovery projects in Park and Big Horn Counties;

(ii)  Escrow five hundred thousand dollars ($500,000.00) for up to three (3) years to offset shortfalls in projected rental revenue or to pay unanticipated maintenance costs.

(c)  The board of county commissioners, within sixty (60) days after the sale, shall sell or lease all or a substantial portion of the building for at least twenty (20) years to a non-profit entity whose purpose is to promote educational opportunity and development of knowledge through classes, seminars and research programs, and which will utilize the building and the entity's resources and programs to stimulate improved economic development and conditions for the Big Horn Basin and the State of Wyoming.

(d)  This footnote and that portion of the appropriation specified in this footnote are effective immediately.".

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

 

HB0001H2007/FAILED

[BUDGET AFFECTED]

Budget(s):  205.  Education-School Finance

* * * * * * * * * *

Page 52-After line 20 under "PROGRAM" insert "Statewide Education Data System 3."; under OTHER FUNDS increase amount by "4,503,300S5".

Page 52-After line 34 insert:

"3.        (a)  Of the school foundation program account appropriation, three million one hundred three thousand three hundred dollars ($3,103,300.00) shall only be expended by the department of education to continue the development and implementation of the statewide education data system established under 2003 Sessions Laws, Chapter 131, Section 327(b), including system infrastructure development, software upgrading, staff training, central data management application, student identification applications, data processing and system management and oversight.

(b)  Of the school foundation program account appropriation, one million four hundred thousand dollars ($1,400,000.00) shall only be expended by the department of education for the continuing implementation and operation of the student performance data system as provided by 2003 Session Laws, Chapter 131, Section 327(a).

(c)  On or before July 1, 2006, and in the manner required under 2002 Wyoming Session Laws, Chapter 76, Section 18(c), the state superintendent shall report to the joint appropriations interim committee and the joint education interim committee on the expenditure of funds under 2003 Wyoming Session Laws, Chapter 131, Section 327(c), and under this footnote.

(d)  In addition to reporting requirements imposed under subsection (c) of this footnote, the state superintendent shall report to the joint education interim committee on the statewide education data system and the student performance data system established under subsections (a) and (b) of this footnote.  The report shall be made on or before November 1, 2004, and shall include the status of the data systems, timelines established for implementation of each system, advisory groups established to assist with system development and implementation, and system expenditures.".

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

 

HB0001H2010/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):  007.            Military Department

* * * * * * * * * *

Page 56-line 8                          After "Acquisition" insert "1.".

Page 56-line 9                          After "Upgrades" insert "2."

Page 56-After line 11               Insert:

"1.  This appropriation is effective immediately.  Subject to approval by the governor, this appropriation may be used by the Wyoming military department to purchase any land that would increase the capabilities of Camp Guernsey as a military training and military operations site, or protect Camp Guernsey from private or public encroachment that may inhibit future military use.  The department shall obtain an appraisal from a Wyoming certified general real estate appraiser, and shall consider the appraisal value prior to purchase of any real property.  The department shall report purchase actions taken to the joint transportation and highway interim committee not later than September 1, 2005.

2.  This appropriation is effective immediately.  The appropriation may be used for administrative expenses related to the purchase of real property for Camp Guernsey, to include environmental management and infrastructure requirements for initial military use.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  JOHNSON, W., BAGBY, HASTERT, WALSH

 

HB0001H2028/ADOPTED

[BUDGET AFFECTED]

[Capital Construction]

Budget(s):  067.    University of Wyoming

(Residence Hall Renovations)

* * * * * * * * * *

Page 59-line 32                        After "1." insert ",2."; under GENERAL FUND increase amount by "150,000".

Page 60-After line 7 insert:

"2.  Of the general fund appropriation, one hundred fifty thousand dollars ($150,000.00) shall be expended for the design and construction of a facility to house a statue of Chief Washakie, including a proper base on which to place the statue, appropriate lighting, signing and other necessary support for the statue.  The facility shall be situated on or within close proximity to the Washakie center building located on the university campus.  The facility location and design shall be reviewed and approved by the university board of trustees and the select committee on tribal relations.".

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

 

HB0001H2018/ADOPTED

[BUDGET AFFECTED]

[Capital Construction]

Budget(s):  067.            University of Wyoming

(Athletic Plan Capital Facilities)

* * * * * * * * * *

Page 59–line 33                        After "Facilities" insert "2."; Under GENERAL FUND increase amount by "5,000,000".

Page 60-After line 7                             Insert:

"2.  Of this general fund appropriation, five million dollars ($5,000,000.00) shall be deposited into the university athletics challenge account established under W.S. 21-16-1002. If 2004 House Bill 150 is not enacted into law, then this appropriation shall only be expended for the purpose of establishing new or renovating existing university intercollegiate athletics facilities consistent with the 2003 intercollegiate athletics plan approved by the university board of trustees. This appropriation shall be expended only to the extent the university receives qualifying matching contributions from donors for athletics facilities consistent with that plan. To qualify as a matching contribution, the donor shall, before June 30, 2006, transfer money or other property having a value not less than twenty-five thousand dollars ($25,000.00) to the university of Wyoming foundation to be expended exclusively for establishing new or renovating existing university intercollegiate athletics facilities consistent with the 2003 intercollegiate athletics plan approved by the university board of trustees. To the extent this appropriation is matched, these funds shall not revert. Not later than June 30, 2006, the university shall report to the legislature regarding the extent to which qualifying matching contributions were made, a description of expenditures made prior to that date, and the specific plans for the expenditure of remaining funds, both state and private.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  Illoway, Harshman, Walsh, Warren

 

HB0001H2022/FAILED

[BUDGET AFFECTED]

Budget(s):         306                  [EMPLOYEE BENEFITS]

* * * * * * * * * *

Delete the McOmie et al., committee of the whole amendment (HB001HW020/A) entirely.

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

 

HB0001H2005/ADOPTED

[BUDGET AFFECTED]

Budget(s):         311.  [CARRYOVER OF PREVIOUS APPROPRIATIONS]

* * * * * * * * * *

Page 75-After line 25               Insert:

"[CARRYOVER OF NURSING EDUCATION APPROPRIATION]

            (d)  Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a) any unobligated monies appropriated from the general fund to the community college commission in 2003 Wyoming Session Laws, Chapter 90, Section 3(b) for the purposes of implementing W.S. 21-18-202(c)(vii) shall not revert on June 30, 2004, and are hereby appropriated to the Wyoming Higher Education Authority to implement the provisions of W.S. 9-2-123 for the period beginning July 1, 2004 and ending June 30, 2006.".

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

 

HB0001H2003/ADOPTED

[BUDGET AFFECTED]

Budget(s):  Section 321.  Wyoming Pipeline Authority-Budget Authorization.

* * * * * * * * * *

Page 81-line 9                          After "authority," delete balance of line.

Page 81-line 10                        Delete line through "($1,383,550.00)" insert "one million six hundred sixty-eight thousand one hundred fifty dollars ($1,668,150.00)".

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

 

HB0001H2012/ADOPTED

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[Energy Research and Enhanced Oil Recovery]

Section 322.

There is appropriated from the general fund to the University of Wyoming two million four hundred eleven thousand five hundred dollars ($2,411,500.00) to be used solely to fund activities of the institute for energy research and enhanced oil recovery at the University of Wyoming.".

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

 

HB0001H2014/ADOPTED

[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 general fund 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 general fund.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  OLSEN, HAGEMAN, LUTHI

 

HB0001H2015/FAILED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[VENTURE CAPITAL FINANCING]

            Section 322.

(a) There is appropriated to the Wyoming state loan and investment board from the general fund ten million dollars ($10,000,000.00) for the purposes of investing in a Wyoming venture capital fund.  This appropriation shall only be used to invest pursuant to W.S. 9-4-711(a)(iv) in private venture capital companies as selected by the state loan and investment board in order to assist in the capitalization of one (1) or more seed and venture capital funds that primarily focus on making investments in Wyoming. 

(b) The state loan and investment board may select venture capital firms based on a competitive request for proposal process that publicly advertises for Wyoming focused proposals from professional venture capital managers and firms, or through a selective negotiated investment placement process whereby venture capital managers and firms are identified and advantageous contract terms directly negotiated.

(c) To be certified by the state loan and investment board, a venture capital firm must:

(i) Have at least eighty percent (80%) of its total invested capital within Wyoming businesses;

(ii) Be a professionally managed private seed and venture capital partnership, limited liability company or tax-option corporation that has been organized to service Wyoming businesses;

(iii) Obtain, as a minimum, equal matching capital for the venture firm’s long-range investment purposes;

(iv) Provide investment policies and guidelines that encourage additional external venture capital investment in the firm’s investment opportunities.

(d) Additional factors to be considered by the board are:

                        (i) The experience level of the managers and firms in making seed and venture capital stage investments;

                        (ii) The competitiveness of the proposed management fees and related costs of operation;

                        (iii) The capability of the managers and firms to do lead and follow-on investments;

                        (iv) The state of residence of the operations of the managers and firms.

(e) Any unexpended unobligated general fund appropriation made under section as of June 30, 2006 shall be deposited in the permanent Wyoming mineral trust fund.  All realized financial gains resulting from venture capital funding in this section shall be deposited in the permanent Wyoming mineral trust fund by the state treasurer.".

To the extent required by this amendment:  adjust totals; and 9*renumber as necessary.  BUCHOLZ

 

HB0001H2024/ADOPTED  (CORRECTED COPY)

[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 recommend 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 thirteen (13) members including:

(i)  The directors of the oil and gas conservation commission and the department of environmental quality;

(ii) Two (2) owners of surface interests of a split estate, one (1) owner of mineral interests of a split estate, and two (2) members representing producers of minerals, all appointed by the governor;

(iii)  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 a cochairman of the 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 a cochairman of the 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 its findings to the joint judiciary interim committee, including recommendations for statutory changes.  The report shall be provided not later than December 1, 2004.  Members of the committee who are not executive branch employees shall be compensated for travel and per diem at the same rate and in the same manner as members of the legislature.".  PARADY

 

HB0001H2029/ADOPTED

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[TRIBAL DISPUTE RESOLUTION]

Section 322.

"The attorney general shall, in representing the state in any dispute between the state and the Northern Arapaho or Eastern Shoshone tribe arising from any contract entered into between the state and either tribe pursuant to this act or in furtherance of making expenditures from any appropriation in this act, agree to a dispute resolution process that is external to both the state and the Northern Arapaho or Eastern Shoshone tribe.".  PARADY

 

HB0001H2030.01/ADOPTED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):  Section 305            Distribution of funds to local governments

* * * * * * * * * *

Page 64-lines 11 through 31      Delete entirely.

Page 65-lines 2 through 6          Delete entirely and insert:

 

"(a) There is appropriated from the general fund to the state treasurer twenty-one million dollars ($21,000,000.00) to be distributed to cities and towns on October 1, 2004:

(i) From this distribution each city and town shall receive an amount in accordance with a municipal supplemental funding formula as provided in this paragraph with each city or town receiving an amount in the proportion which the adjusted population of the city or town bears to the adjusted population of all cities and towns in Wyoming.  The municipal supplemental funding formula shall be calculated by the state treasurer as follows:

(A)  Calculate the per capita distribution of sales and use tax revenues for the 2004 fiscal year to each county, including distributions to each city and town within that county, under W.S. 39‑15‑111 and 39‑16‑111;

(B)  Arrange the counties in ascending order by the per capita distribution calculated;

(C)  Following the arrangement of counties in subparagraph (B) of this paragraph, list the population of each city and town within the county;

(D)  Apply the appropriate adjustment factor determined in subdivisions (I) through (IV) of this subparagraph for a county to each city and town within that county:

(I)  Beginning with the county with the lowest per capita distribution, an adjustment factor of one and one-half (1.5) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution is within the lowest tenth percentile.  The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred fifty percent (150%);

(II)  An adjustment factor determined under this subdivision shall be applied to the county with the next higher per capita distribution not qualifying for the adjustment factor under subdivision (I) of this subparagraph.  The adjustment factor for this county shall be determined by:

(1)  Multiplying by one hundred fifty percent (150%) that portion of the incorporated population of that county which is within the lowest tenth percentile;

(2)  Multiplying by one hundred twenty-five percent (125%) the incorporated population of that county which is within the lowest twentieth percentile and at or above the tenth percentile;

(3)  If applicable, multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the twentieth percentile;

(4)  Dividing the sum of the products of subdivisions (II)(1) through (3) of this subparagraph by the incorporated population of that county.

(III)  If an adjustment factor has not been applied under subdivision (I) or (II) of this subparagraph, an adjustment factor of one and one-quarter (1.25) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution does not exceed the twentieth percentile.  The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred twenty-five percent (125%);

(IV)  An adjustment factor determined under this subdivision shall be applied to the next higher listed county not qualifying for the adjustment factor under subdivision (III) of this subparagraph.  The adjustment factor for this county shall be determined by:

(1)  Multiplying by one hundred twenty-five percent (125%) that portion of the incorporated population of that county which is within the lowest twentieth percentile;

(2)  Multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the lowest twentieth percentile;

(3)  Dividing the sum of the products of subdivisions (IV)(1) and (2) of this subparagraph by the incorporated population of that county.

(V)  An adjustment factor of one (1) shall be applied to the remaining counties.

(E)  Distribute revenues under this paragraph on a per capita basis using the total adjusted population for all cities and towns and the adjusted population for each city or town as calculated under subparagraph (D) of this paragraph.

(F)  As used in this paragraph:

(I)  A county's "incorporated population" means the population of all cities and towns within the county;

(II)  "Percentile" means that portion of the incorporated population as listed in the arrangement of cities and towns under subparagraphs (B) and (C) of this paragraph.

Page 65-lines 8 through 13       Delete entirely and insert:

"(b) There is appropriated from the general fund to the state treasurer nine million dollars ($9,000,000.00) to be distributed to counties on October 1, 2004. From this distribution each county shall receive the following:".

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

 

HB0001H2030.02/FAILED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):  Section:       060      State Land and Investments

(Mineral Royalty Grants)

* * * * * * * * * *

Delete the Nicholas committee of the whole amendment (HB0001HW011/A) entirely; further amend as follows:

Page 35-line 4                          Delete ",3.".

Page 35-line 7                           Under GENERAL FUND decrease amount by "7,500,000".

Page 35-lines 27 through 32      Delete entirely.

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

 

02/19/2004             H Passed 2nd Reading

 

HB0001H3002/ADOPTED

[BUDGET AFFECTED]

Budget(s):  005.            Department of Education

(WDE-FF Program)

* * * * * * * * * *

Delete the Wasserburger second reading amendment (HB0001H2027/A).  LOCKHART

 

HB0001H3022/ADOPTED

[BUDGET AFFECTED]

Budget(s):         005.     Department of Education

((WDE-GF Program)

* * * * * * * * * *

Page 8-line 9                            After "1.," delete "2.,".

Page 8-lines 24 through 28       Delete entirely. 

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

 

HB0001H3019/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):         006.                 Administration & Information

                                                (Capitol Complex Prop)

* * * * * * * * * *

Page 55-line 21                        Under GENERAL FUND decrease amount by "1,500,000".

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

 

HB0001H3027/ADOPTED

[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.  MCOMIE, WASSERBURGER

 

HB0001H3010/ADOPTED

[BUDGET AFFECTED]

Budget(s): 014              Miners' Hospital Board

* * * * * * * * * *

Page 13-line 20 After "Board" insert "1."; under OTHER FUNDS increase amount by "250,000SR".

Page 13-After line 27                Insert:

"1. Of this other funds appropriation, for the period beginning July 1, 2004 and ending June 30, 2006, one hundred twenty-five thousand dollars ($125,000.00) shall only be expended to contract for services at the miners' clinic located in Wright, Wyoming, and one hundred twenty-five thousand dollars ($125,000.00) shall only be expended to contract for services at the miners' clinic located in Sweetwater County Wyoming.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  Parady, Hastert, Latta, Wasserburger

 

HB0001H3015/ADOPTED

[BUDGET AFFECTED]

Budget(s):         015      Attorney General (Victims Services Division)

* * * * * * * * * *

Page 14-line 8                           Under GENERAL FUND increase amount by "100,000".

Page 15-line 1                          Delete "three hundred thousand dollars ($300,000.00)" insert "four hundred thousand dollars ($400,000.00)".

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

 

HB0001H3004/FAILED

[BUDGET AFFECTED]

Budget(s):  048.            Department of Health

(Office of Medicaid)

* * * * * * * * * *

Page 28–line 8                          After "Medicaid" insert "9."; Under GENERAL FUND increase amount by " "1,947,247"; Under FEDERAL FUND increase amount by "2,672,556".

Page 30-After line 3                  Insert:

"9.  Of this general fund appropriation one million nine hundred forty seven thousand two hundred forty-seven dollars ($1,947,247.00) and of this federal fund appropriation, two million six hundred seventy two thousand five hundred fifty-six dollars ($2,672,556.00) shall only be expended to increase reimbursement rates to providers of dental services in the dental health program.".

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

 

HB0001H3028/ADOPTED

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration:   

Section 024.  Department of State Parks & Cultural Resources

(St Parks & Hist. Sites)

Other Budget(s) Affected:

            Section Capital Construction.  007.  Military Department

(Camp Guernsey Land Acquisition)

* * * * * * * * * *

Page 19-line 24                        Under GENERAL FUND increase amount by "1,600,000".

Page 56-line 8                          Under GENERAL FUND decrease amount by "1,000,000".

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

 

HB0001H3023/ADOPTED

[BUDGET AFFECTED]

Budget(s):         048 – Department of Health (Office of Medicaid)

* * * * * * * * * *

Delete the Osborn et al., committee of the whole amendment (HB0001HW027/A) and further amend as follows:

Page 28–line 8                                       After "Medicaid" insert "9."; Under GENERAL FUND increase amount by "4,000,000"; Under FEDERAL FUND increase amount by "5,360,000".

Page 30-After line 3                             Insert:

"9. (a) Of this general fund appropriation, four million dollars ($4,000,000.00) and of this federal fund appropriation, five million three hundred sixty thousand dollars ($5,360,000.00) shall only be expended for payments to qualified Wyoming hospitals for inpatient and outpatient hospital services. Payments shall be made using a prospective payment methodology that produces a rate approximately equivalent to one hundred percent (100%) of the actual allowable cost for equivalent services, as adjusted annually by the department.

(b) For purposes of this footnote, a hospital is a qualified Wyoming hospital if it is certified by the Wyoming department of health pursuant to its rules and regulations as having, or is in the process of developing an effective patient care improvement program or quality health care staff retention program that meets the certification standards developed by the department that are similar to national programs such as the patient care improvement program by the Planetree Alliance or the staff retention quality program by the American Nurses Association.

(c) The department shall report to the joint appropriations interim committee and the joint labor, health and social services interim committee by October 31, 2004 on the progress of this program and the development of rules and regulations.".

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

 

HB0001H3008/FAILED

[BUDGET AFFECTED]

Budget(s):  048.            Department of Health

(Substance Abuse)

* * * * * * * * * *

Page 28-line 14                        After "3." insert ",9."; Under GENERAL FUND increase amount by "1,000,000".

Page 30-After line 3                 Insert:

"9.  Of this general fund appropriation, one million dollars ($1,000,000.00) shall only be expended to provide local governments with grants for the purpose of employing law enforcement officers and other persons to investigate and prosecute offenses related to the use, sale or manufacture of methamphetamines and to provide necessary services for children endangered by the use, sale or manufacture of methamphetamines.  Grant requests shall be reviewed and awards determined by the governor's advisory board on substance abuse and violent crime.  These funds shall not be used to supplant other funding sources but only to augment existing personnel resources.  The board shall give preference to requests that are related to the protection of drug-endangered children and the interdiction of methamphetamines.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  PARADY, HARVEY, HINCKLEY, WARREN

 

HB0001H3024/ADOPTED

[BUDGET AFFECTED]

Budget(s):         048.  Department of Health

(Developmental Disabilities)

* * * * * * * * * *

Page 28-line 15                        Delete the Harvey et al., committee of the whole amendment (HB0001HW014/A) to this line; After "5." insert ", 9."; under GENERAL FUND increase amount by "3,077,688".

Page 30-After line 3                 Delete the Harvey et al., committee of the whole amendment (HB0001HW014/A) to this line; insert "9.  Of this general fund appropriation, three million seventy-seven thousand six hundred eighty-eight dollars ($3,077,688.00) shall only be expended to reimburse providers of developmental services for preschool children.".

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

 

HB0001H3005/ADOPTED

[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 entirely 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.  MEULI, OSBORN

 

HB0001H3014/FAILED

[BUDGET AFFECTED]

Budget(s):         049.  Department of Family Services

Assistance (Child Support Enforcement)

* * * * * * * * * *

Page 30-line 10                        Under GENERAL FUND increase amount by "240,000"; under FEDERAL FUND increase amount by "466,620".

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

 

HB0001H3018/ADOPTED

[BUDGET AFFECTED]

Budget(s):         049.     Department of Family Services

(Assistance)

* * * * * * * * * *

Page 30-line 10                        After "3." Insert ",4.".

Page 31-After line 2                 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 funds under the temporary assistance to needy families program can be coordinated between day care centers and preschools for at-risk children to promote cooperation rather than competition.".  PARADY

 

HB0001H3017/ADOPTED

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration:

Section: 057.                Community College Commission

(Endowment)

Other Budget(s) Affected:

            Section: 067.                University of Wyoming

(State Aid)

* * * * * * * * * * * * * *

Page 33-line 24                        Under GENERAL FUND decrease amount by "10,500,000".

Page 37-line 18                        Under GENERAL FUND decrease amount by "6,000,000".   

To the extent required by this amendment:  adjust totals; and renumber as necessary.  NICHOLAS, LUTHI, PARADY

 

HB0001H3025/ADOPTED

[BUDGET AFFECTED]

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

(Operations)

* * * * * * * * * *

Page 35-line 4                          After "1.," delete "2.,";  Under GENERAL FUND decrease amount by "1,944,000".

page 35-lines 22 through 25      Delete entirely.

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

 

HB0001H3006/FAILED  (CORRECTED COPY-2)

[BUDGET AFFECTED]

Budget(s):  085.  Wyoming Business Council

(Wyoming Business Council)

* * * * * * * * * *

Page 42-line 4 after "1.,2."  insert ", 4."; under GENERAL FUND increase amount by "2,750,000".

Page 43-After line 4                 Insert:

"4.  (a)  Of this general fund appropriation for the business ready community program, up to two million seven hundred fifty thousand dollars ($2,750,000.00) shall only be expended by transfer to the county commissioners of Park County for the purchase, before January 1, 2005, of the Marathon Oil Company headquarters building and grounds in the city of Cody if the state loan and investment board approves an additional expenditure of funds from the business ready community account of an amount at least equal to this general fund appropriation for this purchase or if Marathon Oil Company and Park County can agree to sale financing terms.  Notwithstanding the provisions of W.S 9-12-601 through 9-12-603, and rules promulgated pursuant thereto, the state loan and investment board is authorized to make such an additional expenditure of funds from the business ready community account, upon recommendation of the council.

(b)  The council shall not release the funds to the board until the attorney general has approved a contract between the board of county commissioners and Marathon Oil in which Marathon agrees in writing to:

(i)  Invest, within eighteen (18) months of the sale, an amount at least equal to the sale price in oil recovery projects in Park and Big Horn Counties;

(ii)  Escrow five hundred thousand dollars ($500,000.00) for up to three (3) years to offset shortfalls in projected rental revenue or to pay unanticipated maintenance costs.

(c)  The board of county commissioners, within sixty (60) days after the sale, shall sell or lease all or a substantial portion of the building for at least twenty (20) years to a non-profit entity whose purpose is to promote educational opportunity and development of knowledge through classes, seminars and research programs, and which will utilize the building and the entity's resources and programs to stimulate improved economic development and conditions for the Big Horn Basin and the State of Wyoming.

(d)  This footnote and that portion of the appropriation specified in this footnote are effective immediately.".

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

 

HB0001H3026/ADOPTED

[BUDGET AFFECTED]

Budget(s):  085.            Wyoming Business Council

                                                            (Tourism)

* * * * * * * * *

Delete the MORGAN, et al. committee of the whole amendment (HB0001HW019/AC) entirely.

Page 42-line 6                          After "3." insert "",4."; Under GENERAL FUND increase amount by "1,000,000".

Page 43-After line 4                 Insert:

"4.  Of this general fund appropriation, one million dollars ($1,000,000.00) shall only be expended to support national television advertising.".

 

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

 

HB0001H3029/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):         010.     Agriculture Department

(State Fair-Multi-Purpose Equine)

(State Fair-Livestock Pavilion)

* * * * * * * * * *

Page 56-line 19                        Delete entirely.

Page 56-line 20                        Delete entirely.

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

 

HB0001H3012/ADOPTED

[BUDGET AFFECTED]

[Capital Construction]

Budget(s):         024 State Parks and Cultural Resources

(Granger Stage Station)

* * * * * * * * * *

Page 56-After line 33                Insert:

"Granger stage station-stabilization"; Under GENERAL FUND increase amount by "5,000".

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

 

HB0001H3013/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):  025.            Department of Employment

(Casper Property Purchase)

* * * * * * * * * *

Page 57-line 19                        After "Purchase" insert "1.".

Page 57-After line 21               Insert:

"1.  This appropriation shall be effective immediately.".

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

 

HB0001H3021/ADOPTED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):         040.     Game and Fish Department

                                                (Speas Rearing St.-rearing/upgrade)

(Speas Rearing St.-water supply)

* * * * * * * * * *

Page 58-line 20                        Delete entirely.

Page 58-line 23                        Delete entirely.

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

 

HB0001H3033/FAILED

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):         067.  University of Wyoming

(Athletic Plan Capital Facilities)

* * * * * * * * * *

Delete the Illoway et al., second reading amendment (HB0001H2018/A) entirely.

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

 

HB0001H3032/FAILED

[BUDGET AFFECTED]

Budget(s):  Section 301.  School capital construction‑transfers

* * * * * * * * * *

Page 62-line 8                          In the Luthi et al., committee of the whole amendment (HB0001HW012/A) to this line delete "seventy-five million dollars ($75,000,000.00)" insert "thirty-seven million five hundred thousand dollars ($37,500,000.00).".

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

 

HB0001H3030/ADOPTED

[BUDGET AFFECTED]

Budget(s):                     Section 302.  [MEDICAID CONTINGENCY APPROPRIATIONS]

* * * * * * * * * *

Page 62-lines 14 through 22     Delete entirely

To the extent required by this amendment:  renumber as necessary.  NICHOLAS

 

HB0001H3031/FAILED

[BUDGET AFFECTED]

Budget(s):         303.  [PERMANENT MINERAL TRUST FUND – TRANSFERS]

* * * * * * * * * *

Page 63-lines 6 through 8                     Delete entirely, including the Warren third reading amendment (HB0001H3003/A) to these lines.

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

 

ROLL CALL

Ayes:  Representative(s) Bagby, Diercks, Esquibel, Gentile, Gilmore, Hastert, Johnson, L., Jorgensen, Latta, Martin, Meyer, Morgan, Reese, Robinson, Thompson and Warren.

Nays:  Representative(s) Alden, Anderson, R., Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McMurtrey, McOmie, Meuli, Miller, D., Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Ross, Semlek, Simpson, Slater, Walsh and Wostenberg.

Excused:  Representative(s) Tipton

Absent:  Representative(s) Wasserburger

Ayes 16    Nays 42    Excused 1    Absent 1    Conflicts 0

 

HB0001H3003/FAILED

[BUDGET AFFECTED]

Budget(s):  303.            [PERMANENT MINERAL TRUST FUND – TRANSFERS]

* * * * * * * * * *

Page 63-line 7                          After "fund" delete balance of line and insert "twenty-five million dollars ($25,000,000.00)".  WARREN

 

HB0001H3011/ADOPTED  (CORRECTED COPY)

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration:

            Section:  305    Distribution of funds to local governments

Other Budget(s) Affected:

            Section:            060      Office of State Land and Investments

(Mineral Royalty Grants)

* * * * * * * * * * * * * *

Delete the Nicholas committee of the whole amendment (HB0001HW011/A) entirely.

Delete the Parady second reading amendment (HB0001H2030.01/AC) entirely.

Further amend as follows:

Page 35-line 4                           Delete ", 3.".

Page 35-line 7                           Under GENERAL FUND decrease amount by "7,500,000".

Page 35-lines 27 through 32      Delete entirely.

Page 64-lines 11 through 31      Delete entirely.

Page 65-lines 2 through 6          Delete entirely and insert:

"(a) There is appropriated from the general fund to the office of state lands and investments forty-nine million dollars ($49,000,000.00) to be distributed to cities and towns in two (2) equal distributions of twenty-four million five hundred thousand dollars ($24,500,00.00).  The first distribution shall be on October 1, 2004 and the second on October 1, 2005. 

(i) From these distributions each city and town shall receive amounts in accordance with a municipal supplemental funding formula as provided in this paragraph with each city or town receiving amounts in the proportion which the adjusted population of the city or town bears to the adjusted population of all cities and towns in Wyoming.  The municipal supplemental funding formula shall be calculated by the state treasurer as follows:

(A)  Calculate the per capita distribution of sales and use tax revenues for the preceding fiscal year to each county, including distributions to each city and town within that county, under W.S. 39‑15‑111 and 39‑16‑111;

(B)  Arrange the counties in ascending order by the per capita distribution calculated;

(C)  Following the arrangement of counties in subparagraph (B) of this paragraph, list the population of each city and town within the county;

(D)  Apply the appropriate adjustment factor determined in subdivisions (I) through (V) of this subparagraph for a county to each city and town within that county:

(I)  Beginning with the county with the lowest per capita distribution, an adjustment factor of one and one-half (1.5) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution is within the lowest tenth percentile.  The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred fifty percent (150%);

(II)  An adjustment factor determined under this subdivision shall be applied to the county with the next higher per capita distribution not qualifying for the adjustment factor under subdivision (I) of this subparagraph.  The adjustment factor for this county shall be determined by:

(1)  Multiplying by one hundred fifty percent (150%) that portion of the incorporated population of that county which is within the lowest tenth percentile;

(2)  Multiplying by one hundred twenty-five percent (125%) the incorporated population of that county which is within the lowest twentieth percentile and at or above the tenth percentile;

(3)  If applicable, multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the twentieth percentile;

(4)  Dividing the sum of the products of subdivisions (II)(1) through (3) of this subparagraph by the incorporated population of that county.

(III)  If an adjustment factor has not been applied under subdivision (I) or (II) of this subparagraph, an adjustment factor of one and one-quarter (1.25) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution does not exceed the twentieth percentile.  The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred twenty-five percent (125%);

(IV)  An adjustment factor determined under this subdivision shall be applied to the next higher listed county not qualifying for the adjustment factor under subdivision (III) of this subparagraph.  The adjustment factor for this county shall be determined by:

(1)  Multiplying by one hundred twenty-five percent (125%) that portion of the incorporated population of that county which is within the lowest twentieth percentile;

(2)  Multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the lowest twentieth percentile;

(3)  Dividing the sum of the products of subdivisions (IV)(1) and (2) of this subparagraph by the incorporated population of that county.

(V)  An adjustment factor of one (1) shall be applied to the remaining counties.

(E)  Distribute revenues under this paragraph on a per capita basis using the total adjusted population for all cities and towns and the adjusted population for each city or town as calculated under subparagraph (D) of this paragraph.

(F)  As used in this paragraph:

(I)  A county's "incorporated population" means the population of all cities and towns within the county;

(II)  "Percentile" means that portion of the incorporated population as listed in the arrangement of cities and towns under subparagraphs (B) and (C) of this paragraph.

Page 65-line 9                           Delete "nine million dollars ($9,000,000.00)" insert "twenty-one million dollars ($21,000,000.00)".

Page 65-line 10                         Delete "four million five".

Page 65-line 11                         Delete the line through "($4,500,000.00)" insert "ten million five hundred thousand dollars ($10,500,000.00)".

Page 65-lines 26 through 28      Delete entirely and insert:

"(d)  The office of state lands and investments shall present in its standard budget request for the 2007-2008 biennium a proposed distribution of at least twenty-four million five hundred thousand dollars ($24,500,000.00) to cities and towns and at least ten million five hundred thousand dollars ($10,500,000.00) to counties as distributed under this section.".

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

 

HB0001H3001/ADOPTED

[BUDGET AFFECTED]

Budget(s):         306.                 [EMPLOYEE BENEFITS]

* * * * * * * * * *

Delete the McOmie et al., committee of the whole amendment (HB001HW020/A) entirely.

To the extent required by this amendment:  adjust totals; and renumber as necessary.  PHILP, BAKER, PARADY

 

HB0001H3007/ADOPTED

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[RETIRED EMPLOYEES' INSURANCE STUDY]

            Section 322.

"The Joint Appropriations Interim Committee shall conduct a study of the state employees' and officials' insurance program for retired employees. The study shall include costs of the program for retirees including the consideration of other benefits available to retirees, alternatives for providing insurance for retired employees including health care savings accounts and a catastrophic coverage program, and alternatives for state contributions to retirees' insurance and the costs associated with those alternatives.  State agencies shall provide data and information as required by the committee to perform the study. The committee shall report its findings and recommendations to the legislature not later than December 1, 2004.".  PHILP, LUTHI, PARADY

 

HB0001H3009/ADOPTED  (CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

[TRIBAL DISPUTE RESOLUTION]

* * * * * * * * * *

Page 81-After line 19               In the Parady second reading amendment (HB0001H2029/A) to this line, Delete "shall" insert "may".  PARADY

 

HB0001H3016/ADOPTED

[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.  ROSS

 

HB0001H3034/ADOPTED

[BUDGET AFFECTED]

Budget(s):  Addition to 300 Sections

[ENERGY RESEARCH AND ENHANCED OIL RECOVERY]

* * * * * * * * * *

Page 81-After line 19                                           Delete the Law et al., second reading amendment (HB0001H2012/A) to this line entirely.  NICHOLAS

 

HB0001H3035/ADOPTED

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[BRUCELLOSIS LOSSES – LOAN AUTHORIZATION]

            Section 322.

Of the authorized loan amount under W.S. 11-34-129, the state loan and investment board is authorized to make loans not exceeding a total value of fifty million dollars ($50,000,000.00) following declaration of an agricultural emergency by the governor due to brucellosis or other natural disaster.  Loans may be made pursuant to the authority in W.S. 9-4-701(a)(v) to mitigate the loss of income resulting from the sale of livestock due to the declared emergency.  Loans pursuant to this section may not exceed ninety percent (90%) of the cost of livestock nor ninety percent (90%) of the documented loss of income derived from the sale of livestock immediately following the emergency declaration.  If the term of the loan is less than twelve (12) months, the interest rate shall be the average interest rate earned during the previous calendar year on the treasurer's short term cash pool.  The board shall promulgate rules and regulations to implement this loan program.  The governor's authority to declare an emergency pursuant to this section shall expire June 30, 2006, and loans pursuant to this section shall be originated not later than June 30, 2006.".  OLSEN

 

HB0001H3036/ADOPTED

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[Military Assistance]

            Section 322.

(a)  A military assistance account is established to be administered by the adjutant general.  The funds in the military assistance account shall only be spent as a last resort to alleviate financial hardships faced by members of the Wyoming national guard or a reserve unit that is based in Wyoming or any Wyoming resident who is a member of a military reserve unit that is not based in Wyoming, if the member is called to active duty, or to any other Wyoming resident performing service in the uniformed services as defined in W.S. 19-11-103(a)(ix) for any branch of the military of the United States, and the families of those eligible persons.  The adjutant general shall promulgate rules and regulations to implement the account and the military assistance program created by this section.

(b)  There is appropriated to the military department from the general fund six hundred thousand dollars ($600,000.00) to implement the purposes of this section.".  WALSH

 

HB0001H3037/ADOPTED

[BUDGET AFFECTED]

[Capital Construction]

Budget(s):         080.     Department of Corrections

(Phase III Drawing/Planning)

* * * * * * * * * *

Page 60-line 18                        Under GENERAL FUND decrease amount by "2,000,000".

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

 

HB0001H3020/ADOPTED  (CORRECTED COPY-4)

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

[SPLIT ESTATES JOINT EXECUTIVE-LEGISLATIVE COMMITTEE]

* * * * * * * * * *

Page 81-After line 19               In the Parady second reading amendment to this line (HB0001H2024/AC) in paragraph (b)(i) created by that amendment; After "quality" insert ", both of whom shall be advisory, nonvoting members of the committee".

Page 81-After line 19               In the Parady second reading amendment to this line (HB0001H2024/AC) delete paragraph (b)(ii) created by that amendment entirely and insert:

"(ii) Two (2) owners who own and occupy a surface estate underlain by leased oil or gas minerals, at least one (1) of whom does not also own the mineral rights to the property.  One (1) owner of private mineral interests of a split estate, and two (2) members representing oil or gas producers operating in Wyoming, all appointed by the governor;".

Page 81-After line 19               In the Parady second reading amendment to this line (HB0001H2024/AC) in subsection (c) created by that amendment, after "joint judiciary interim committee," insert "joint minerals, business and economic development interim committee and joint agriculture interim committee,"; delete "December 1, 2004" insert "November 15, 2004".  PARADY

 

02/23/2004             H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, W., Jorgensen, Landon, Law, Lockhart, Luthi, McMurtrey, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Powers, Prosser, Semlek, Simpson, Slater, Walsh, Wasserburger and Wostenberg.

Nays:  Representative(s) Bagby, Baker, Diercks, Esquibel, Gentile, Gilmore, Johnson, L., Jones, Latta, Martin, McOmie, Philp, Reese, Robinson, Ross, Thompson and Warren.

Excused:  Representative(s) Anderson, R. and Tipton.

Ayes 41    Nays 17    Excused 2    Absent 0    Conflicts 0

 

02/23/2004             S Received for Introduction

02/24/2004             S Introduced and Referred to S02

02/26/2004             Pursuant to JR 14-1 sent to 3rd Reading

02/26/2004             3rd Reading Action Taken: Pursuant to JR 14-1, referred directly to JCC

02/26/2004             S Appointed  JCC01 Members

                                Schiffer, Devin, Hines, Cathcart and Job

02/26/2004             H Appointed  JCC01 Members

                                Nicholas, Illoway, Jorgensen, Luthi and Philp

03/02/2004             H Appointed JCC02 Members

                                Nicholas, Illoway, Jorgensen, Harshman and Philp

03/02/2004             S Appointed JCC02 Members

                                Schiffer, Devin, Hines, Cathcart and Job

 

HB0001JC02/AA               ADOPTED

JOINT CONFERENCE COMMITTEE REPORT

HB0001

General government appropriations.

Adopt the following House amendments:

HB0001HW004/A

HB0001HW015/A

HB0001HW024/A

HB0001H2014/A

HB0001H3007/A

HB0001H3018/A

HB0001H3022/A

Adopt the following Senate amendments:

SF0001SW002/A

SF0001S2005/A

SF0001S2008/A

SF0001S2011/A

SF0001S2012/A

SF0001S2013/A

SF0001S2014/A

SF0001S2022/A

SF0001S2024/A

SF0001S2029/A

SF0001S2032/A

SF0001S2036/A

SF0001S2037/A

SF0001S2043/A

SF0001S2044/A

SF0001S2049/A

SF0001S2054/A

SF0001S2055/A

SF0001S2056/A

SF0001S2059/A

SF0001S2061/A

SF0001S3007/A

SF0001S3011/A

SF0001S3014/A

SF0001S3019.01/AC

SF0001S3020/A

SF0001S3034/A

SF0001S3036/A

SF0001S3038/AC

Delete the following House amendments

HB0001HW005/A

HB0001HW006/A

HB0001HW007/A

HB0001HW008/A

HB0001HW009/A

HB0001HW011/A

HB0001HW012/A

HB0001HW013/A

HB0001HW014/A

HB0001HW016/A

HB0001HW017/A

HB0001HW018/A

HB0001HW019/AC

HB0001HW020/A

HB0001HW021/A

HB0001HW025/A

HB0001HW027/A

HB0001HW029/A

HB0001H2002/A

HB0001H2003/A

HB0001H2004/AC

HB0001H2005/A

HB0001H2006/A

HB0001H2009/A

HB0001H2010/A

HB0001H2011/A

HB0001H2012/A

HB0001H2018/A

HB0001H2019/A

HB0001H2023/A

HB0001H2024/AC

HB0001H2027/A

HB0001H2028/A

HB0001H2029/A

HB0001H2030.01/AC

HB0001H3001/A

HB0001H3002/A

HB0001H3005/A

HB0001H3009/A

HB0001H3010/A

HB0001H3011/ACC

HB0001H3012/A

HB0001H3013/A

HB0001H3015/A

HB0001H3016/A

HB0001H3017/A

HB0001H3019/A

HB0001H3020/ACC

HB0001H3021/A

HB0001H3023/A

HB0001H3024/A

HB0001H3025/A

HB0001H3026/A

HB0001H3027/A

HB0001H3028/A

HB0001H3029/A

HB0001H3030/A

HB0001H3034/A

HB0001H3035/A

HB0001H3036/A

HB0001H3037/A

Delete the following Senate amendments

SF0001S2016/A

SF0001S2027/A

SF0001S2033/A

SF0001S2034/A

SF0001S2038/A

SF0001S2040/A

SF0001S2041.01/AC

SF0001S2041.02/AC

SF0001S2046/A

SF0001S2048.01/AC

SF0001S2048.02/AC

SF0001S2051.01/AC

SF0001S2051.02/AC

SF0001S2057/A

SF0001S2062.01/A

SF0001S2064/A

SF0001S3003/A

SF0001S3008/A

SF0001S3009/A

SF0001S3013/A

SF0001S3015/AC

SF0001S3018/A

SF0001S3023/A

SF0001S3025/A

SF0001S3026/A

SF0001S3031/A

SF0001S3037/A

SF0001S3039/A

SF0001S3040/A

SF0001S3041/A

SF0001S3042/AC

SF0001S3043/A

SF0001S3044/A

Further amend as follows:

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

Page 5-line 23                                        Delete "only".

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

Page 6-line 16                                        Delete "one million dollars ($1,000,000.00)" insert "two hundred fifty thousand dollars ($250,000.00)".

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

Page 7-After line 37     Insert:

"1. Of this general fund appropriation, two hundred twenty thousand three hundred sixty dollars ($220,360.00) is appropriated for one contract attorney and shall not be expended for any attorney to appear in any court, administrative proceeding or hearing, nor to take a position in any proceeding or matter on behalf of the state of Wyoming.  The role of any attorney retained with this appropriation shall be limited to in-house counsel to the state treasurer and to the duties described in W.S. 9‑1‑603(a)(v).  This footnote shall not be effective if 2004 Senate File 51 is enacted into law.".

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

Page 8-lines 20 through 22       Delete entirely and insert:

"1. Of this general fund appropriation, two hundred twenty thousand three hundred sixty dollars ($220,360.00) is appropriated for one contract attorney and shall not be expended for any attorney to appear in any court, administrative proceeding or hearing, nor to take a position in any proceeding or matter on behalf of the state of Wyoming.  The role of any attorney retained with this appropriation shall be limited to in-house counsel to the state superintendent and to the duties described in W.S. 9‑1‑603(a)(v).  This footnote shall not be effective if 2004 Senate File 51 is enacted into law.".

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. The first report shall be made on or before November 1, 2004.".

Page 11-line 4                          Under GENERAL FUND increase amount by "150,000".

Page 13-line 20                         After "Board" insert "1."; under OTHER FUNDS increase amount by "150,000SR".

Page 13-After line 27                Insert:

"1. Of this other funds appropriation, for the period beginning July 1, 2004 and ending June 30, 2006, seventy-five thousand dollars ($75,000.00) shall only be expended to contract for services at the miners' clinic located in Wright, Wyoming, and seventy-five thousand dollars ($75,000.00) shall only be expended to contract for services at the miners' clinic located in Sweetwater County Wyoming.".

Page 14-line 8                           Under GENERAL FUND increase amount by "50,000".

Page 15-line 1                          Delete "three hundred thousand dollars ($300,000.00)" insert "three hundred fifty thousand dollars ($350,000.00)".

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 27-line 6                          Under OTHER FUNDS increase amount by "144,839SR".

Page 27-line 16                        Increase Full Time positions by "1".

Page 28-line 8                          After "Medicaid" insert "9."; under GENERAL FUND increase amount by "2,604,456"; under FEDERAL FUND increase amount by "3,574,561".

Page 28-line 15                        After "5." insert ", 10."; under GENERAL FUND increase amount by "3,077,688".

Page 28-line 15                         After "5." insert ",11."; under GENERAL FUND increase amount by "1,784,640".

Page 30-After line 3                 Insert:

"9.  Of this appropriation, two million six hundred four thousand four hundred fifty-six dollars ($2,604,456.00) general fund money and three million five hundred seventy-four thousand five hundred sixty-one dollars ($3,574,561.00) federal fund money shall be used for the Comprehensive Dental under 21 Medicaid program.

10.  Of this general fund appropriation, three million seventy-seven thousand six hundred eighty-eight dollars ($3,077,688.00) shall only be expended to reimburse providers of developmental services for preschool children.

11. Of this general fund appropriation, one million seven hundred eighty-four thousand six hundred forty dollars ($1,784,640.00) shall be in addition to the amounts appropriated for the standard and exception budget requests for the adult developmental disabled home and community based waiver and shall be used to increase provider reimbursement rates in order to raise the salaries of direct care personnel in adult developmental disability community-based programs.".

Page 30-line 10                        After "3." insert ",5."; under GENERAL FUND increase amount by "750,000".

Page 30-line 16                                      After "750" insert "4.".

Page 30-line 16                        Increase Full Time positions by "1".

Page 31-After line 2                 Insert:

"4.  One (1) additional full time employee shall be utilized to support the increased caseload and treatment costs for court ordered placement of eighteen (18) to twenty-one (21) year old youth.  The position specified in this footnote is effective only if 2004 Senate File 8 is enacted into law.

5.  Of the general fund appropriation, seven hundred fifty thousand dollars ($750,000.00) shall only be expended for the low income energy assistance program. This appropriation 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, 2006, the department shall report to the joint appropriations interim committee on expenditures made under this footnote for the low income energy assistance program.".

Page 31-line 7                                        Under GENERAL FUND decrease amount by "1,540,605".

Page 31-line 21                                      Delete "one hundred ten thousand dollars ($110,000.00)" insert "two hundred twenty thousand dollars ($220,000.00)".

Page 31-line 22                                      Delete "one (1)" insert "two (2)".

Page 31-line 24                                      After "." delete balance of the line.

Page 31-line 25                                      Delete "($10,000.00)" and insert "The appropriation specified under this footnote".

Page 33-line 24                        Under GENERAL FUND decrease amount by "5,250,000".

Page 33-line 25                                      Under GENERAL FUND decrease amount by "960,808".

Page 35-line 4                          After "2." Delete ",3.".

Page 35-line 7                          Under GENERAL FUND decrease amount by "7,500,000".

Page 35-lines 27 through 32     Delete entirely.

Page 37-line 18                        Under GENERAL FUND decrease amount by "3,000,000".

Page 42-line 4                          Under GENERAL FUND decrease amount by "5,000,000".

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

Page 42–line 4                          After "2." insert ",4."; under GENERAL FUND increase amount by "168,305".

Page 42-line 6                          After "3." insert ",5."; Under GENERAL FUND increase amount by "2,000,000".

Page 42-lines 15 through 17     Delete entirely and insert:

"1. Of this general fund appropriation, twenty-five million dollars ($25,000,000.00) shall be deposited to the business ready community account. Any revenues to be deposited to the business ready community account pursuant to W.S. 9‑4‑601(b) shall be reduced by the amount of this appropriation deposited to the business ready community account."

Page 42-line 20                        After "exceed" delete balance of line.

Page 42-line 21                        Delete "($500,000.00)" insert "two hundred fifty thousand dollars ($250,000.00)".

Page 43 After line 4                              Insert:

"4. Of this general fund appropriation, one hundred sixty-eight thousand three hundred five dollars ($168,305.00) shall be in addition to amounts appropriated in the standard and exception budget request for support of the market research center located in Laramie, Wyoming.

5. Of this general fund appropriation, two million dollars ($2,000,000.00) shall only be expended to support national television advertising.".

Page 52-After line 20 under "PROGRAM" insert "Student Performance Data System 3."; under OTHER FUNDS increase amount by "1,000,000S5".

Page 52-After line 34 insert:

"3.        (a)  Of the school foundation program account appropriation, one million dollars ($1,000,000.00) shall only be expended by the department of education for the continuing implementation and operation of the student performance data system as provided by 2003 Wyoming Session Laws, Chapter 131, Section 327(a) and the continuing development and implementation of the statewide education data system established under 2003 Wyoming Session Laws, Chapter 131, Section 327(b).

(b)  On or before July 1, 2006, and in the manner required under 2002 Wyoming Session Laws, Chapter 76, Section 18(c), the state superintendent shall report to the joint appropriations interim committee and the joint education interim committee on the expenditure of funds under 2003 Wyoming Session Laws, Chapter 131, Section 327(c), and under this footnote.

(c)  In addition to reporting requirements imposed under subsection (b) of this footnote, the state superintendent shall report to the joint education interim committee on the student performance data system and the statewide education data system funded by subsection (a) of this footnote.  The report shall be made on or before November 1, 2004, and shall include the status of the data systems, timelines established for implementation of the systems and system expenditures.".

Page 55-line 19                                      Delete entirely.

Page 55-line 20                                      Under GENERAL FUND increase amount by "500,000".

Page 55-line 21                                      Delete entirely.

Page 55-lines 25 through 33               Delete entirely.

Page 56-lines 1 and 2                           Delete entirely and insert:

 "2. Of this appropriation three million five hundred thousand dollars ($3,500,000.00) shall only be expended by the state building commission for purchase of the Pioneer building located at 2424 Pioneer Avenue in Cheyenne, Wyoming and five hundred thousand dollars ($500,000.00) shall only be expended for all costs associated with relocating state employees.".

Page 56-line 19      Delete entirely.

Page 56–line 32                        Under GENERAL FUND increase amount by "135,390".

Page 56-After line 33                Under PROGRAM insert:

"Granger stage station-stabilization 4."; Under GENERAL FUND increase amount by "2,500".

Page 57-lines 1 through 3          Delete entirely and insert:

"1. Of this general fund appropriation, four hundred thirty-five thousand three hundred ninety dollars ($435,390.00) shall only be expended for the renovation and restoration of the historic governor's mansion. Of the appropriation specified under this footnote three hundred thousand dollars ($300,000.00) shall be effective immediately.".

Page 57-After line 14           Insert:

"4. This appropriation shall only be expended after a cash match from nonstate funds of an amount equal to this appropriation has been received.".

Page 58-line 20      Delete entirely.

Page 58-line 25      After "TOTALS" insert "1."

Page 58-After line 25           Insert:

"1.  The department is authorized to transfer funds appropriated in this section between projects specified in this section as determined by the department.".

Page 60-line 18                                      Under GENERAL FUND decrease amount by "1,000,000".

Page 61-line 6                          Delete "six hundred forty-eight million seven".

Page 61-line 7                          Delete "hundred thirty-seven thousand nine hundred fifty-eight dollars".

Page 61-line 8                          Delete "($648,737,958.00)" and insert "six hundred twenty-two million one hundred seventy-four thousand seventy-nine dollars ($622,174,079.00)".

Page 62-line 25                        Delete "thirty-five million dollars ($35,000,000.00)" insert "thirteen million two hundred eighty-two thousand two hundred seventy-nine dollars ($13,282,279.00)".

Page 62-line 27                        After "expended" insert "only after further action reappropriating these funds by the 2005 legislature, and"

Page 63-line 12            After "." delete remainder of line.

Page 63-lines 13 through 15     Delete entirely and insert:

"This appropriation shall not be deposited to the permanent Wyoming mineral trust fund until June 30, 2005, and shall only be deposited if the legislature enacts further legislation requiring the deposit. It is intended that the legislature shall further act only after the legislature has determined that funding requirements for Medicaid programs, school capital construction programs and correctional facility capital construction programs are adequate.".

Page 63-line 19            After "." delete remainder of line.

Page 63-lines 20 through 22     Delete entirely and insert:

"This appropriation shall not be deposited to the permanent Wyoming mineral trust fund until June 30, 2006, and shall only be deposited if the legislature enacts further legislation requiring the deposit. It is intended that the legislature shall further act only after the legislature has determined that funding requirements for Medicaid programs, school capital construction programs and correctional facility capital construction programs are adequate.".

Page 63-line 29            Delete "sixty".

Page 63-line 30                        Delete "million dollars ($60,000,000.00)" insert "forty-four million five hundred thousand dollars ($44,500,000.00)".

Page 64-lines 11 through 31      Delete entirely.

Page 65-lines 2 through 6          Delete entirely and insert:

            "(a)  There is appropriated from the general fund to the office of state lands and investments forty million two hundred fifty thousand dollars ($40,250,000.00) to be distributed to cities and towns in two (2) distributions. The first distribution shall be twenty-one million dollars ($21,000,000.00) on October 1, 2004 and the second shall be nineteen million two hundred fifty thousand dollars ($19,250,000.00) on October 1, 2005. 

            (i)  From these distributions each city or town with a population of thirty-five (35) or less shall first receive five thousand dollars ($5,000.00) and each city or town with a population over thirty-five (35) shall first receive ten thousand dollars ($10,000.00).  From the remainder each city and town shall receive amounts in accordance with a municipal supplemental funding formula as provided in this paragraph with each city or town receiving amounts in the proportion which the adjusted population of the city or town bears to the adjusted population of all cities and towns in Wyoming.  The municipal supplemental funding formula shall be calculated by the state treasurer as follows:

(A)  Calculate the per capita distribution of sales and use tax revenues for the preceding fiscal year to each county, including distributions to each city and town within that county, under W.S. 39‑15‑111 and 39‑16‑111;

(B)  Arrange the counties in ascending order by the per capita distribution calculated;

(C)  Following the arrangement of counties in subparagraph (B) of this paragraph, list the population of each city and town within the county;

(D)  Apply the appropriate adjustment factor determined in subdivisions (I) through (V) of this subparagraph for a county to each city and town within that county:

(I)  Beginning with the county with the lowest per capita distribution, an adjustment factor of one and one-half (1.5) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution is within the lowest tenth percentile.  The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred fifty percent (150%);

(II)  An adjustment factor determined under this subdivision shall be applied to the county with the next higher per capita distribution not qualifying for the adjustment factor under subdivision (I) of this subparagraph.  The adjustment factor for this county shall be determined by:

(1)  Multiplying by one hundred fifty percent (150%) that portion of the incorporated population of that county which is within the lowest tenth percentile;

(2)  Multiplying by one hundred twenty-five percent (125%) the incorporated population of that county which is within the lowest twentieth percentile and at or above the tenth percentile;

(3)  If applicable, multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the twentieth percentile;

(4)  Dividing the sum of the products of subdivisions (II)(1) through (3) of this subparagraph by the incorporated population of that county.

(III)  If an adjustment factor has not been applied under subdivision (I) or (II) of this subparagraph, an adjustment factor of one and one-quarter (1.25) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution does not exceed the twentieth percentile.  The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred twenty-five percent (125%);

(IV)  An adjustment factor determined under this subdivision shall be applied to the next higher listed county not qualifying for the adjustment factor under subdivision (III) of this subparagraph.  The adjustment factor for this county shall be determined by:

(1)  Multiplying by one hundred twenty-five percent (125%) that portion of the incorporated population of that county which is within the lowest twentieth percentile;

(2)  Multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the lowest twentieth percentile;

(3)  Dividing the sum of the products of subdivisions (IV)(1) and (2) of this subparagraph by the incorporated population of that county.

(V)  An adjustment factor of one (1) shall be applied to the remaining counties.

(E)  Distribute the remainder of the revenues under this paragraph on a per capita basis using the total adjusted population for all cities and towns and the adjusted population for each city or town as calculated under subparagraph (D) of this paragraph.

(F)  As used in this paragraph:

 (I)  A county's "incorporated population" means the population of all cities and towns within the county;

(II)  "Percentile" means that portion of the incorporated population as listed in the arrangement of cities and towns under subparagraphs (B) and (C) of this paragraph.".

Page 65-lines 8 through 12        Delete entirely.

Page 65-line 13                         Delete "1, 2005." insert:

            "(b)  There is appropriated from the general fund to the office of state lands and investments seventeen million two hundred fifty thousand dollars ($17,250,000.00) to be distributed to counties in two (2) distributions.  The first shall be nine million dollars ($9,000,000.00) on October 1, 2004 and the second shall be eight million two hundred fifty thousand dollars ($8,250,000.00) on October 1, 2005.".

Page 65-lines 26 through 28      Delete entirely and insert:

"(d)  The office of state lands and investments shall present in its standard budget request for the 2007-2008 biennium a proposed distribution of at least twenty-one million dollars ($21,000,000.00) to cities and towns and at least nine million dollars ($9,000,000.00) to counties as distributed under this section.  In making appropriations under this section, the legislature intends that any further additional appropriations to local governments shall not be made until the joint revenue interim committee has reported to the governor and legislature as required by W.S. 28‑1‑118.".

Page 81-After line 19               Insert the following new sections 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 eleven (11) members including:

(i)  Five (5) appointees selected by the governor as follows:

            (A)  Two (2) owners who own and occupy a surface estate underlain by leased oil or gas minerals, at least one (1) of whom does not also own the mineral rights to the property;

            (B)  One (1) owner of private mineral interests of a split estate;

            (C)  Two (2) members representing oil or gas producers operating in Wyoming.

(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.

(d)  This section is effective immediately.

[TRIBAL DISPUTE RESOLUTION]

            Section 323.

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 may agree to pursue nonbinding 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 is 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.".

Page 82-After line 2             Insert:

                "(c)  In addition to any other immediately effective provisions, section 322 creating the brucellosis task force is effective immediately.".

Adjust totals and renumber as necessary.  SCHIFFER, CATHCART, DEVIN, HINES, JOB, NICHOLAS, HARSHMAN, ILLOWAY, JORGENSEN, PHILP

 

03/05/2004             H Adopted HB0001JC02

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Wostenberg.

Nays:   Representative Baker

Excused:  Representative Tipton

Ayes 58  Nays 1  Excused 1  Absent 0  Conflict 0

 

03/05/2004             S Adopted HB0001JC02

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Geis, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Northrup, Peck, Roberts, Schiffer, Sessions, Townsend and Vasey.

Nays:  Senator(s) Case, Erb, Goodenough, Mockler and Scott.

Ayes 25    Nays 5    Excused 0    Absent 0    Conflicts 0

 

03/05/2004             Assigned Number HEA No. 0077

03/05/2004             S President Signed HEA No. 0077

03/05/2004             H Speaker Signed HEA No. 0077

03/05/2004             Governor Signed HEA No. 0077

03/05/2004             Assigned Chapter Number

 

Chapter No. 0095  Session Laws of Wyoming 2004.