ADOPTED HOUSE AMENDMENTS

MONDAY, FEBRUARY 28, 2005

Delete the following Senate amendments:

HB0165S2001.01/ACE

HB0165S3001/AE

HB0165SS001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 2      After "penalty;" insert "providing a limitation on executive sessions; providing for minutes of executive sessions as specified;".

Page 1-line 13     Delete ", and" insert "shall be guilty of a misdemeanor.".

Page 1-line 15     After "meeting" insert "where an action is taken"; delete "governing body" insert "action".

Page 1-line 16     After "misdemeanor" insert "unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes.".

Page 2-line 1      Before "punishable" insert "Either misdemeanor violation under this subsection is".

Page 2-lines 4 through 6          Delete entirely.

Page 2-line 8      Delete "(c)" insert "(b)".

Page 2-line 13     Before "16-10-107(c)" insert "16-4-405 by creating new subsections (b) and (c),".

Page 4-After line 22    Insert:

"16-4-405.  Executive sessions.

(b)  Minutes shall be maintained of any executive session.  Except for those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.

(c)  Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made.”.  SIMPSON, LUBNAU, POWERS, MEIER, ROSS, VASEY

Adopt the following Senate amendments:

HB0232SS001/AE

HB0232SW001/AE

HB0232SW002/AE

Delete the following Senate amendments:

HB0232SW003/AE

Further amend the ENGROSSED COPY as follows:

Page 2-line 24     After "portion" insert "(or specific percentage)".

Page 13-line 13    After "portion" insert "(or specific percentage)".  LOCKHART, BUCHANAN, ROBINSON, HAWKS, DECARIA, GEIS

Adopt the following House amendments:

HB0001HW002/A

HB0001HW003/A

HB0001HW006/AC

HB0001HW007/A

HB0001HW012/A

HB0001HW013/A

HB0001HW015/A

HB0001HW016/AC

HB0001HW017/A

HB0001H2003/A

HB0001H2004/A

HB0001H2005/A

HB0001H2008/A

HB0001H2009/A

HB0001H2011/A

HB0001H2021/A

HB0001H3005/A

HB0001H3009/A

Adopt the following Senate amendments:

SF0001S2001.01/AC

SF0001S2003/A

SF0001S2004/A

SF0001S2009/A

SF0001S2010/AC

SF0001S2013/A

SF0001S2021/A

SF0001S2023/A

SF0001S2025/AC

SF0001S2029/A

SF0001S3003/A

SF0001S3006/A

SF0001S3009/A

SF0001S3010/A

SF0001S3011/A

SF0001S3012/A

SF0001S3015/A

SF0001S3016/A

SF0001S3027/A

Delete the following House amendments:

HB0001HW001/A

HB0001HW004/A

HB0001HW008/AC

HB0001HW014/AC

HB0001HW018/A

HB0001HW019/A

HB0001H2001/A

HB0001H2018/AC

HB0001H2022/A

HB0001H2023/A

HB0001H2024/A

HB0001H2026/A

HB0001H3001/A

HB0001H3008/A

HB0001H3012/A

HB0001H3013/AC

Delete the following Senate amendments:

SF0001S2005/A

SF0001S2006/A

SF0001S2008/A

SF0001S2011/A

SF0001S2012/A

SF0001S2015/A

SF0001S2016/A

SF0001S2017/AC

SF0001S2026.01/AC

SF0001S2027/A

SF0001S3001/A

SF0001S3005/A

SF0001S3007/A

SF0001S3008/A

SF0001S3014/A

SF0001S3017/A

SF0001S3021/A

SF0001S3023/A

SF0001S3024/A

SF0001S3028/AC

Further amend as follows:

Page 24-line 26    After "6." insert ",16.".

Page 24-line 27    Under GENERAL FUND increase amount by "162,375"; under FEDERAL FUND increase amount by "212,625".

Page 27-after line 25   Insert:

"16.  Of this appropriation, one hundred sixty-two thousand three hundred seventy-five dollars ($162,375.00) from general funds and two hundred twelve thousand six hundred twenty-five dollars ($212,625.00) from federal funding sources shall only be expended to increase the participation capacity of the Medicaid assisted living waiver program by twenty-five (25) persons.".

Page 32-line 1     After "Investments" insert "4.".

Page 32-line 4     After "2." insert ",5."; Under GENERAL FUND increase amount by "80,000".

Page 32-After line 31   Insert:

"4. In addition to the investment authority provided by W.S. 9‑4‑701(r), the state loan and investment board may request, and the state treasurer may invest, up to an additional four million dollars ($4,000,000.00) contained in the common school account within the permanent land fund to purchase land and improvements within Wyoming as assets of the trust provided that, in exercising the authority under this footnote, there shall be no net gain of lands held for the common school account in excess of ten thousand (10,000) acres.

5.  Of this general fund appropriation eighty thousand dollars ($80,000.00) shall only be expended for the purpose of the weed control program on state trust lands.".

Page 47-lines 11 through 13  Delete all new language and insert "nine hundred thirty-seven million three hundred sixty-eight thousand three hundred thirty-three dollars ($937,368,333.00)".

Page 47-line 13    After "." insert "In addition to amounts appropriated from the budget reserve account to the general fund under this subsection, there is appropriated from the budget reserve account to the general fund an amount necessary to fully fund general fund appropriations contained in any enactment of the 2004 budget session and special session and 2005 general and budget session and maintain a June 30, 2006 unappropriated general fund balance of ten million dollars ($10,000,000.00).".

Page 49-line 5     Before "Any"  insert: "One-half (1/2) of".

Page 49-line 8     After "account." insert: "Any amounts transferred to the legislative stabilization reserve account pursuant to this subsection in excess of eighty-five million dollars ($85,000,000.00) shall be transferred to the permanent Wyoming mineral trust fund.".

Page 50-line 24    Strike "twenty-five million dollars".

Page 50-line 25    Strike "($25,000,000.00)" and insert "fifty-one million five hundred fifty thousand dollars ($51,550,000.00)".

Page 50-line 26    Strike "twenty-five million dollars ($25,000,000.00)" and insert "fifty-one million five hundred fifty thousand dollars ($51,550,000.00)".

Page 50-line 31    Strike "twenty-five million dollars".

Page 51-line 1     Strike "($25,000,000.00)" and insert "fifty-one million five hundred fifty thousand dollars ($51,550,000.00)".

Page 51-line 2     Strike "twenty-five million dollars ($25,000,000.00)" and insert "fifty-one million five hundred fifty thousand dollars ($51,550,000.00)".

Page 51-lines 6 through 11   Delete entirely.

Page 64-After line 4    Insert the following new sections and renumber as necessary:

"[TAIL COVERAGE LOAN PROGRAM APPROPRIATION REDUCTION]

Section 333.  Wyoming Session Laws 2004, Special Session, Chapter 5, Section 3 is amended to read:

Section 3.  There is appropriated from the budget reserve account to the medical malpractice insurance assistance account created by this act, thirteen million two hundred thousand dollars ($13,200,000.00) one million five hundred thousand dollars ($1,500,000.00) to implement this act, including loans for physicians' qualified medical malpractice insurance premiums, loans for risk retention group participation and administrative costs incurred by the department of health in the implementation of the act.

[FRONTIER PRISON]

Section 334.

(a)  There is appropriated from the general fund to the city of Rawlins eighty-five thousand dollars ($85,000.00) and to Carbon County eighty-five thousand dollars ($85,000.00) to be expended through the Old Pen joint powers board on repair and renovation of the Frontier Prison located in Rawlins, Wyoming, as follows:

(i)  One hundred seventeen thousand dollars ($117,000.00) for an irrigation system;

(ii)  Fifty-three thousand dollars ($53,000.00) for plaster repair.

[DISTRIBUTIONS TO LOCAL GOVERNMENTS AND STATE ACCOUNTS]

Section 335.

(a)  There is appropriated from the general fund to the state treasurer's office the following amounts to be distributed on June 30, 2006, as provided in this section:

(i)  Six million one hundred thousand dollars ($6,100,000.00) to the road construction funds of the various counties as provided by W.S. 24‑2‑110 to be distributed in the same proportion as provided by W.S. 39‑14‑801(e)(vii);

(ii)  Fifteen million three hundred twenty-five thousand dollars ($15,325,000.00) to cities and towns, to be distributed as follows:

(A)  Communities with a population of fifty (50) persons or less – ten thousand dollars ($10,000.00) each;

(B)  Communities with a population of fifty-one (51) persons up to one hundred (100) persons – thirty thousand dollars ($30,000.00) each;

(C)  Communities with a population of more than one hundred (100) persons – fifty thousand dollars ($50,000.00) each;

(D)  Any remainder shall be distributed in the same manner as provided by W.S. 39‑14‑801(e)(viii).

(iii)  Eleven million nine hundred seventy-five thousand dollars ($11,975,000.00) to counties, to be distributed as follows:

(A)  Fifteen percent (15%) shall be distributed evenly to each of the twenty-three (23) counties;

(B)  Eighty-five percent (85%) shall be distributed in the same manner as provided by W.S. 39‑14‑801(e)(vi).

(iv)  Four million one hundred thousand dollars ($4,100,000.00) to the highway fund which amount shall only be expended for the construction of multi-lane highways.

[SCHOOL DISTRICT EMPLOYEE RECRUITING AND RETENTION BONUSES]

Section 336.

(a)  Prior to reevaluation of the education resource block grant model during the 2005 interim period preceding the 2006 budget session of the legislature, as required under W.S. 21‑13‑309(t), additional funding is provided under subsection (b) of this section to school districts during school year 2005-2006 for purposes of providing bonus payments to district professional, certified and classified staff to assist districts with the retention and recruitment of employees.  The legislature recognizes that the additional funding made available under this section is in excess of the cost-based levels established by the educational resource block grant model under W.S. 21‑13‑309, as adjusted for inflation under W.S. 21‑13‑309(o)(i), and is not intended to reflect or be incorporated into any cost-based component of or adjustment to the model or to impose any condition upon or requirement for model reevaluation under W.S. 21‑13‑309(t).

(b)  Amounts received under this section shall be applied to professional, certified and classified staff as bonus payments to augment district retention and recruiting efforts for school year 2005-2006.  The department of education shall determine payments authorized under this section for each district by multiplying two hundred seventy-six dollars and sixty-eight cents ($276.68) by the district's three (3) year average daily membership, with kindergarten student enrollment divided by two (2), as computed through school year 2003-2004. The amount distributed under this subsection is exempt from the Wyoming retirement system rules on cash remuneration and shall include all benefits attributable to the respective district professional, certified or classified staff receiving the bonus payment.  Any amount distributed under this section shall not be included in the transportation and special education adjustments to the education resource block grant model under W.S. 21‑13‑320 and 21‑13‑321 for school year 2005-2006 and reported for reimbursement in the subsequent school year.

(c)  Payments to school districts computed under subsection (b) of this section shall be made by the department of education from amounts within the school foundation program account as appropriated by the legislature under subsection (e) of this section and shall be in addition to the school year 2005-2006 foundation program amount computed for each district under W.S. 21‑13‑309(p).  If there is an insufficient amount within the foundation program account for payments under this section, the department shall make a pro rata reduction in district payments.

(d)  Payments received by school districts pursuant to this section shall be expended only for retention and recruiting bonuses for district professional, certified and classified employees. Expenditures of payments under this section shall supplement any existing district operating funds dedicated to employee compensation.  The intent of the additional payment is to enhance district employee retention and recruiting capabilities, and not to expand the number of district employees.  On or before October 15, 2005, each district receiving a payment under this section shall report actual or budgeted payment expenditures to the department of education, in a form and manner specified by the department, clearly reporting in detail the amount awarded to each employee and the purpose for the award. Reports by school districts shall be certified in writing by the district superintendent and the chairman of the district board of trustees.  Upon receipt, the department shall immediately compile the district reports and submit the compilation to members of the management council, joint education interim committee and the joint appropriations interim committee.

(e)  For the period commencing July 1, 2005, and ending June 30, 2006, twenty-two million seven hundred thirty-six thousand dollars ($22,736,000.00) is appropriated from amounts within the school foundation program account for purposes of this section.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  HINES, ANDERSON, J. COE, SCHIFFER, VASEY, PHILP, HARSHMAN, JONES, SIMPSON, WARREN

Adopt the following House amendments:

SF0014HS001/AE

SF0014HW002/AE

SF0014H3002.01/ACE

Delete the following House amendments:

SF0014H3001/AE

SF0014H3003/AE

SF0014H3004/AE

SF0014H3005/AE

SF0014H3006/AE

Further amend the ENGROSSED COPY as follows:

Page 2-line 16     After "31-7-117(c)" insert ", or unless the person is at least sixteen (16) years of age and has held an intermediate permit pursuant to W.S. 31-7-110(g) or a similar permit from another jurisdiction for six (6) months and has completed a drivers education course approved by the appropriate school district, or taught by a person qualified as a driving instructor pursuant to W.S. 21-2-802(h), as evidenced by a passing grade or certificate".

Page 6-line 19     Delete "a school or".

Page 6-line 20     Delete "religious official or".  BARRASSO, ANDERSON, J., MEIER, BERGER, EDWARDS, LATTA

SF0041H2007/AE

[TO SUBSTITUTE BILL No. 2]

Page 11-line 13    Delete the Simpson et al., committee of the whole amendment (SF0041HW009/AE) to this line; delete "Consider" insert "Evaluate".  LANDON

SF0041H2008/AE

[TO SUBSTITUTE BILL No. 2]

Page 7-lines 21 through 23        Delete entirely including the Simpson et al., committee of the whole amendment (SF0041HW009/AE) to these lines and insert:

"(g)  The board shall not accept any fee simple interest in real property but shall make recommendations to the board of land commissioners regarding acceptance of any such interest.  The board of land commissioners shall only accept a fee simple interest in real property under this act, and the Wyoming wildlife and natural resource trust account board shall only accept any other interest in property if the property is willingly conveyed by the holder of the interest.  The board of land commissioners may in its sole discretion reject any offer to convey a fee simple interest in real property to any account under this act.  The Wyoming wildlife and natural resource trust account board may in its sole discretion reject any offer to convey any other interest in property to any account under this act.  Any appraisal of real property conducted at the direction of the board or the board of land commissioners under this act shall reflect the fair market value of the property.

(h)  The Wyoming wildlife and natural resource trust account board may recommend that the board of land commissioners dispose of any interest in real property within the trust account when the board determines that disposal of the interest would be in the best interests of the trust account.  The net proceeds from any disposition of real property pursuant to this subsection shall be deposited to the trust account.".

Page 11-line 20    After "act" insert ".  Based on those criteria, the board shall make recommendations regarding the acceptance of any fee simple interest in real property to the board of land commissioners.  Based on those recommendations, the board of land commissioners shall make a final determination on acceptance or rejection of any fee simple interest in real property under this act;".

Page 12-line 12    After "donations" insert "of any money, personal property or interests in real property other than a fee simple interest"; after "source" insert ".  The board shall make recommendations regarding the acceptance of any fee simple interest in real property to the board of land commissioners".

Renumber as necessary.  QUARBERGSF0041H2009/AE

[TO SUBSTITUTE BILL No. 2]

Page 1-line 10     Delete "an effective date" insert "effective dates".

Page 18-After line 14   Delete the Simpson et al., committee of the whole amendment (SF0041HW009/AE) to this line and insert:

"Section 4.  The Wyoming wildlife and natural resource trust account board shall adopt final rules to implement this act not earlier than October 1, 2005 and not later than November 15, 2005.".

Section 5.  (a)  Appointments to the Wyoming wildlife and natural resource trust account board may be made under this act after the effective date of this section.

(b)  The Wyoming wildlife and natural resource trust account board may commence rulemaking proceedings under this act after the effective date of this section.".

Page 18-line 16    Delete "Section 3." insert "Section 6.  Except as provided in subsection (b) of this section,".

Page 18-After line 16   Insert:

"(b)  Section 5 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.".

Renumber as necessary.  SIMPSON, REESE

SF0041H2011/AE

[TO SUBSTITUTE BILL No. 2]

Page 10-line 5     After "projects" insert "without specific legislative appropriation".

Page 10-line 7     After "year." insert "The board may also forward to the select committee for review and recommendation applications for small projects that would, if approved, constitute grants in excess of the two hundred thousand dollar ($200,000.00) annual limit under this subsection.".

Page 10-line 17    After "projects" insert "or small projects above the two hundred thousand dollar ($200,000.00) annual limit under this subsection".

Page 17-line 23    After "large projects" insert "and small projects in excess of the two hundred thousand dollar ($200,000.00) annual limit on small project funding by the board which are".   BUCHOLZ, BROWN

SF0041H3001/AE

[TO SUBSTITUTE BILL No. 2]

Page 10-line 2     Delete "and" insert ",".

Page 10-line 3     After "projects" insert "and may forward applications for small projects above the two hundred thousand dollar ($200,000.00) annual limit under this subsection".  BUCHOLZ, BROWN, SIMPSON

SF0041H3004/AE

[TO SUBSTITUTE BILL No. 2]

Delete the second standing committee amendment (SF0041HS002/AE).

Delete the Luthi et al., second reading amendment (SF0041H2004/AE).

Further amend Substitute Bill No. 2 as follows:

Page 18-line 4     Delete "thirty million dollars".

Page 18-line 5     Delete "($30,000,000.00)" insert "fifteen million dollars ($15,000,000.00)".  LUTHI, LATTA, LUBNAU

SF0071H2001/AE

[TO SUBSTITUTE BILL No. 1]

Page 3-line 15     After "recreational" insert ", cultural, art".

Page 4-line 20     After "recreation" insert ", cultural and art". WARREN

SF0071H2002/AE

[TO SUBSTITUTE BILL No. 1]

Page 4-line 15     After "21-15-115" delete balance of the line and insert ".  No ownership interest nor any right to exercise control over the project or a facility under a project shall remain with the school district upon expenditure of any funds under this program for any project;".

Page 8-line 6      After "corporation." insert "No ownership interest nor any right to exercise control over the project or a facility under a project shall remain with a school district upon expenditure of any funds under this program for any project.".  SIMPSON

SF0122H2001/AE

[TO SUBSTITUTE BILL No. 1]

Page 7-line 2      Delete "need and".

Page 7-line 5      Delete "regional student interest".

Page 5-line 6      Delete "and career surveys" insert "a survey sampling Wyoming high school students' career interests".

Page 14-line 7     Before "Prior" insert "(a)".

Page 14-line 24    After "." insert "To assist the committee in formulating the plan, the university shall report the results of:

(i)  Public hearings it conducts in the state regarding public interest in areas of excellence;

(ii)  A survey sampling Wyoming high school students' career interests; and

(iii)  Information developed by the university through other appropriate means to determine sustainable, long-term programs for the benefit of current and future Wyoming generations.".  HAMMONS, HARSHMAN

SF0122H2002/AE

[TO SUBSTITUTE BILL No. 1]

Page 15-After line 20   Insert:

"(iv)  One (1) representative from the Wyoming K-12 educational community appointed by the state superintendent of public instruction;

(v)  One (1) representative from the Wyoming department of education appointed by the state superintendent of public instruction;".

Renumber as necessary.  LUTHI, ILLOWAY, WASSERBURGER

SF0122H2004.01/ACE CORRECTED

 (DIVIDED AMENDMENT)

[TO SUBSTITUTE BILL No. 1]

Page 7-line 13     Delete "Nothing in this section shall prevent".

Page 7-line 14     Delete "from collaborating" insert "may collaborate".

Page 10-line 5     Delete "Nothing in this section shall prevent".

Page 10-line 6     Delete "from collaborating" insert "may collaborate"  LANDON

Adopt the following House amendments:

SF0129H2002/AE

Delete the following House amendments:

SF0129HS001/AE

SF0129HW001/AE

SF0129H2001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 2      Delete "providing a definition;".

Page 1-line 9      Delete "; "peep" defined".

Page 1-line 15     Delete ":".

Page 2-lines 1 through 7          Delete entirely and insert:

"looking in a clandestine, surreptitious, prying or secretive nature into an enclosed area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:".

Page 2-line 9      Delete "(A)" insert "(i)".

Page 2-line 11     Delete "(B)" insert "(ii)".

Page 2-line 13     Delete "(C)" insert "(iii)".

Page 2-line 15     Delete "(D)" insert "(iv)".

Page 2-line 19     After "he" insert ":".

Page 2-line 20     Before "commits" insert "(i)".

Page 2-line 23     Delete "type of video" insert "image"; delete "." insert "; or".

Page 2-After line 23    Insert:

"(ii)  Uses a camera, video camera or any other image recording device for the purpose of observing, viewing, photographing, filming or videotaping another person under the clothing being worn by the other person where that other person has not consented to the observing, viewing, photographing, filming or videotaping.".

Page 3-lines 1 through 4          Delete entirely.

Page 3-line 6      After "effective" delete balance of line.

Page 3-lines 7 through 9          Delete entirely and insert "July 1, 2005.".  ROSS, VASEY, JOHNSON, BUCHANAN, GINGERY, OLSEN

SF0140H2001/AE

[TO ENGROSSED COPY]

Page 1-line 3      Delete "trustee" insert "trustees".

Page 1-line 4      Delete "regular" insert "subsequent trustee".

Page 1-lines 14 and 15  Delete all new language.

Page 2-line 2      After stricken "(6)" insert "five (5)".

Page 2-lines 4 and 5    Reinsert all stricken language and delete all new language.

Page 2-line 6      Delete "the balance".

Page 2-line 7      Delete "of the" insert "two (2)"; delete "shall be elected".

Page 2-line 10     After "years." Insert "The board of trustees shall, prior to the publication of notice required under W.S. 22-29-112(c), determine whether the board of trustees should be established at five (5) members or seven (7) members.  If the board determines that the number of trustees should be expanded it may appoint the additional members in accordance with W.S. 22-29-202 until the next subsequent trustee election.  The next subsequent trustee election shall reflect any modification made.  If a board of trustees fails to establish the number of trustees to be elected, the board shall be established at five (5) members.  No current term of any trustee shall be affected by any modification made under this subsection.".

Page 2-line 17     Delete "regular" insert "subsequent trustee".

Page 2-line 19     After "term." insert "Special hospital district boards of trustees consisting of six (6) members as of the effective date of this act shall be modified to consist of either five (5) or seven (7) members as provided in W.S. 35-2-404(a) as amended by this act. No current term of any special hospital district trustee shall be affected by this act.". BROWN

SF0150H2001/AE

[TO ENGROSSED COPY]

Page 2-line 5      Delete "by" insert "at the discretion of"; delete "upon" insert "after". SIMPSON

SF0159H2001/AE

[TO ENGROSSED COPY]

Page 1-line 7      After "positions;" insert "requiring annual reports;".

Page 3-After line 8     Insert:

"(e)  The Wyoming military department shall provide a report not later than October 1 of each year to the joint appropriations and the joint education interim committees including the following information:

(i)  Yearly enrollment in the national guard youth challenge program in Wyoming;

(ii)  Yearly number of successful completions through the challenge program; and

(iii)  An annual detailed listing of budget expenditures for the challenge program.".  WARREN