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ADOPTED SENATE AMENDMENTS
FRIDAY, FEBRUARY 04, 2005
SF0001S3001/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 64-After line 4 Insert the following new section and renumber as necessary:
"[LEGISLATIVE SERVICE OFFICE]
Section 333.
2004 Wyoming Session Laws, Chapter 131, Section 1 is amended to read:
Section 1. There is appropriated from the general fund to the legislative service office the following specified amounts, or as much thereof as may be necessary, to pay the costs and expenses of the Wyoming legislature through June 30, 2006:
SALARIES
Permanent/Temporary.............................. $4,562,858
Legislators Session............................. 1,203,258
Legislators Interim............................... 467,671
Session Staff....................................... 726,520
Employer Paid Benefits............................ 1,669,433
IN-STATE TRAVEL [1.][2.]
Mileage and Per Diem Session...................... 827,200
Mileage and Per Diem Interim...................... 749,680
OUT-OF-STATE TRAVEL
Travel Expenses..................................... 118,000
Per Diem............................................ 124,380
ANNUAL DUES (both FY 2005 and 2006)
National Conference of State Legislatures........... 166,445
The Energy Council................................... 64,000
Council of State Governments........................ 128,950
CSG additional support.............................. 100,000
REGISTRATION FEES.......................................... 53,620
TELECOMMUNICATIONS AND POSTAGE............................ 180,000
GENERAL
ADMINISTRATIVE SUPPORT [3.]....................... 847,450
947,450
(Information technology, copying,
supplies and equipment, furniture,
contract services, special projects, etc.)
STATUTES, SESSION LAWS AND DIGESTS.................... 388,000
TOTAL........................................... $12,377,465
$12,477,465
Footnotes to Section 1:
1. [Additional Travel] Not to exceed twenty-eight thousand dollars ($28,000.00) shall be used to reimburse legislators for mileage for one (1) additional trip to travel to their residence and return to the legislature during the 2005 general session and for one (1) additional trip to travel to their residence and return to the legislature during the 2006 budget session.
2. [Mid-Session Recess Per Diem] Subject to management council approval, legislators may be authorized not to exceed five (5) additional days per diem for a mid-session recess during the 2005 general session. Notwithstanding W.S. 28‑5‑101, legislative salary shall not be paid for any days the legislature is in recess under this footnote. Not to exceed fifty-three thousand five hundred fifty dollars ($53,550.00) shall be expended for per diem under this footnote.
3. [Legislative Computer Equipment] Not to exceed one hundred seventy thousand dollars ($170,000.00) shall be used for the lease or purchase of laptop computers and support systems. Expenditure of funds under this footnote shall be subject to approval by the select committee on legislative technology. Legislative laptop computers being replaced shall be sold in accordance with Management Council directives. Any proceeds received from the sale of any laptop computer shall be deposited into the general fund and are hereby reappropriated to the legislative service office to be used for the purchase of replacement laptop computers.".
To the extent required by this amendment: adjust totals; and renumber as necessary. LARSON, HINES, JOB, DECARIA, SCHIFFER
SF0001S3003/A
[BUDGET AFFECTED]
Budget(s): 045 Department of Transportation
(Law Enforcement)
* * * * * * * * * *
Page 23-line 23 In the Geis, et al. Second Reading Amendment (SF0001S2001.01/AC) to this line, after "1.", delete balance of line and insert "Under OTHER FUNDS increase amount by "600,000SR".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3005/A
[BUDGET AFFECTED]
Budget(s): 015. Attorney General (Law Office)
* * * * * * * * * *
Page 13-line 9 Under GENERAL FUND decrease amount by "500,000".
Page 14-line 10 After "appropriation," delete balance of line.
Page 14-line 11 Delete.
To the extent required by this amendment: adjust totals; and renumber as necessary. ANDERSON, HINES
SF0001S3006/A
[BUDGET AFFECTED]
Budget(s): 007 Military Department (Death benefit)
* * * * * * * * * *
Page 11-after line 14 Under "PROGRAM" insert "Death benefit 3."; under GENERAL FUND increase amount by "400,000.00".
Page 11-after line 34 Insert:
"3. This general fund appropriation shall be used to fund a death benefit for the beneficiaries of Wyoming national guard members killed in a war zone. The benefit shall be in the amount of one hundred thousand dollars ($100,000.00) per deceased guard member and paid to the beneficiary or beneficiaries specified by the deceased guard member prior to deployment.".
To the extent required by this amendment: adjust totals; and renumber as necessary. MOCKLER, JOB, JOHNSON, PECK
SF0001S3007/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 64-After line 4 Insert the following new section and renumber as necessary:
"[LEGISLATIVE SERVICE OFFICE INTRANET ENHANCEMENTS]
Section 333.
There is appropriated from the general fund to the legislative service office five thousand six hundred dollars($5,600.00) that shall only be expended for the purpose of purchasing contract programming services in order to enhance the legislative intranet.".
To the extent required by this amendment: adjust totals; and renumber as necessary. HANES
SF0001S3008/A
[MULTIPLE BUDGETS AFFECTED]
Budget(s): 301. [SCHOOL CAPITAL CONSTRUCTION - TRANSFERS]
303. [PERMANENT MINERAL TRUST FUND TRANSFERS]
* * * * * * * * * *
Page 49-line 5 Before Any insert: One-half (1/2) of.
Page 49-line 8 After account. insert: The remainder of the amount transferred from the school capital construction account pursuant to subsection (c) of this section shall be transferred into the permanent Wyoming mineral trust fund. Any amount transferred to the permanent Wyoming mineral trust fund under this subsection shall be reduced dollar for dollar by any amount of severance tax revenue deposited into the permanent Wyoming mineral trust fund for the period beginning July 1, 2005 and ending June 30, 2006 pursuant to 2005 Senate File 25 if that bill is enacted into law..
Page 51-lines 6 thru 11Delete.
To the extent required by this amendment: adjust totals; and renumber as necessary. MOCKLER
SF0001S3009/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
[WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION]
Page 64-After line 4 In the Schiffer, Burns Second Reading Amendment (SF0001S2010/AC) to this line, in Section 333, after "Western Interstate Commission for Higher Education", insert "Certifying Office at the University of Wyoming".
To the extent required by this amendment: adjust totals; and renumber as necessary. SCHIFFER
SF0001S3010/A
[BUDGET AFFECTED]
Budget(s): 067 University of Wyoming
(Block Grant)
* * * * * * * * * *
Page 33-line 5 Under GENERAL FUND increase amount by "149,000".
Page 33-lines 26 through 28 Delete entirely and insert:
"3. Of this general fund appropriation, sixty- five thousand dollars ($65,000.00) shall only be expended for the purpose of increasing the faculty compensation plan at the Casper and Cheyenne family practice residency programs and two hundred forty-four thousand dollars ($244,000.00) shall only be expended for increasing the resident compensation plan at the Casper and Cheyenne family practice residency programs.".
To the extent required by this amendment: adjust totals; and renumber as necessary. MOCKLER
SF0001S3011/A
[BUDGET AFFECTED]
Budget(s): Section 302. [MEDICAID CONTINGENCY APPROPRIATIONS]
* * * * * * * * * *
Page 50-line 7 Delete "mandatory services". JOB
SF0001S3012/A
[BUDGET AFFECTED]
Budget(s): Section 049. Department of Family Services (Assistance)
* * * * * * * * * *
Page 28-line 9 Under OTHER FUNDS decrease amount by "2,066,500TT".
To the extent required by this amendment: adjust totals; and renumber as necessary. SCOTT
SF0001S3014/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 64-After line 4 Insert the following new section and renumber as necessary:
"[FRONTIER PRISON]
Section 333.
(a) There is appropriated from the general fund to Carbon County one hundred seventeen thousand dollars ($117,000.00) to be expended through the Old Pen joint powers board on repair and renovation of the irrigation system at the Frontier Prison located in Rawlins, Wyoming.".
To the extent required by this amendment: adjust totals; and renumber as necessary. VASEY
SF0001S3015/A
[BUDGET AFFECTED]
Budget(s): 015.Attorney General (Victim Services Division)
* * * * * * * * * *
Page 13-line 13 After "4." insert ",6."; under GENERAL FUND increase amount by "32,100".
Page 14-after line 20 Insert:
"6. Of this general fund appropriation, thirty-two thousand one hundred dollars ($32,100.00) shall be expended to maintain parity with the FY04 funding for the domestic violence shelters.".
To the extent required by this amendment: adjust totals; and renumber as necessary. JOB, SCHIFFER
SF0001S3016/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 64-After line 4 Insert the following new section and renumber as necessary:
"[HUNTING SEGMENT OF TOURISM INDUSTRY TASK FORCE]
Section 333.
(a) There is appropriated from the general fund to the legislative service office sixteen thousand dollars ($16,000.00) to be used for the task force on current issues in the hunting segment of the tourism industry in this state. The task force shall study issues and propose legislation relating to the pricing and availability of non-resident hunting licenses, including the effects of and potential solutions to current license allocation litigation, regulation of and issues of concern to the outfitting industry in this state and preference point systems for allocation of resident hunting licenses.
(b) The task force shall consist of eleven (11) members as follows:
(i) Three (3) members of the house of representatives travel, recreation, wildlife and cultural resources committee, appointed by the speaker of the house, with not more than two (2) members from the same political party. One (1) of these members shall be appointed by the speaker to serve as co-chairman of the task force;
(ii) Three (3) members of the senate travel, recreation, wildlife and cultural resources committee, appointed by the president of the senate, with not more than two (2) members from the same political party. One (1) of these members shall be appointed by the president to serve as co-chairman of the task force;
(iii) One (1) member who represents the outfitting industry, appointed by the governor;
(iv) One (1) member who represents the interests of resident sportsmen, appointed by the governor;
(v) One (1) member who represents the tourism industry, appointed by the governor;
(vi) One (1) member who represents agricultural landowner interests, appointed by the governor;
(vii) One (1) member appointed by the director of the game and fish department.
(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 and shall report to the joint travel, recreation, wildlife and cultural resources interim committee its findings and recommendations for statutory changes not later than October 1, 2005. The report may contain minority reports and opinions. The findings and recommendations shall address:
(i) Methods of improving pricing and availability of non-resident hunting licenses without reducing resident hunter opportunities;
(ii) Regulation of and issues of concern to the outfitting industry in this state;
(iii) The need for and potential structure of a preference point system for allocation of resident hunting licenses; and
(iv) Issues raised by and potential solutions to problems created by litigation concerning the allocation and pricing of hunting licenses to nonresidents including recommendations for legislative solutions to outcomes from the litigation.
(d) Legislative members of the task force shall be compensated as provided for attendance at legislative committee meetings. Non-legislative members of the task force shall be paid per diem and mileage as provided for legislators under W.S. 28-5-101.".
To the extent required by this amendment: adjust totals; and renumber as necessary. COE
SF0001S3017/A
[MULTIPLE BUDGETS AFFECTED]
Budget(s): 025. Department of Employment (Administration), (Division of Labor Standards)
026. Department of Workforce Services (Administration)
* * * * * * * * * *
Page 19-line 4 Under GENERAL FUND decrease amount by "30,000".
Page 19-line 5 After "Standards" insert "1.".
Page 19-line 6 Under GENERAL FUND increase amount by "60,000".
Page 19-after line 24 Insert:
"1. Of this general fund appropriation, sixty thousand dollars ($60,000.00) or as much as may be necessary shall be expended to conduct a quarterly survey of employer-paid benefits including health benefits.".
Page 20-line 5 Under GENERAL FUND decrease amount by "30,000".
To the extent required by this amendment: adjust totals; and renumber as necessary. SCOTT
SF0001S3021/A
[BUDGET AFFECTED]
Budget(s): 024 Department of State Parks & Cultural Resources
(Wyoming Cultural Trust Fund)
* * * * * * * * * *
Page 18-line 26 Delete "This five million dollar".
Page 18-lines 27 and 28Delete.
To the extent required by this amendment: adjust totals; and renumber as necessary. SCHIFFER
SF0001S3023/A
[BUDGET AFFECTED]
Budget(s): 048. Department of Health
(Developmental Disabilities)
* * * * * * * * * *
Page 24-line 24 After "15." insert ", 16.".
Page 24-line 25 Under GENERAL FUND increase amount by "300,000".
Page 27-After line 25 Insert:
"16. Of this general fund appropriation, the department of health, developmental disabilities division, may expend up to three hundred thousand dollars ($300,000.00) by a grant to Sweetwater county, if the Sweetwater board of county commissioners provides a dollar-for-dollar match up to three hundred thousand dollars ($300,000.00), to enable the Sweetwater board of county commissioners and the department of health to contract for the provision of services as part of a coordinated network of services to persons specified in W.S. 9-2-102(a)(ii).".
To the extent required by this amendment: adjust totals; and renumber as necessary. JOB, COOPER
SF0001S3024/A
[BUDGET AFFECTED]
Budget(s): Section 048. Department of Health (Division on Aging)
* * * * * * * * * *
Page 24-line 26 After "6." insert ", 16.".
Page 24-line 27 Under GENERAL FUND increase amount by "259,584"; under FEDERAL FUND increase amount by "339,916".
Page 27-after line 25 Insert:
"16. Of this appropriation, two hundred fifty-nine thousand five hundred eighty-four dollars ($259,584.00) from general funds and three hundred thirty-nine thousand nine hundred sixteen dollars ($339,916.00) 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. CASE, BOGGS
SF0001S3027/A
[BUDGET AFFECTED]
[CAPITAL CONSTRUCTION]
Budget(s): 027. School Facilities Commission
(Capital Construction)
* * * * * * * * * *
Page 43-line 13 Under OTHER FUNDS increase amount by "2,762,134S6".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3028/AC CORRECTED
(CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 64-After line 4 Insert the following new section and renumber as necessary:
"[TAIL COVERAGE LOAN PROGRAM APPROPRIATION REDUCTION]
Section 333. Wyoming Session Laws 2004, Special Session, Chapter 5, Section 3 is amended as follows:
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 dollars
($1,000,000.00) 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.".
To the extent required by this amendment: adjust totals; and renumber as necessary. MASSIE
SF0018S2001/A
[TO SUBSTITUTE BILL No. 1]
Page 1-line 2 After ";" insert "providing for cease and desist orders; providing for enforcement actions;".
Page 1-line 11 Delete "is" insert "through 11‑11‑121 are".
Page 1-after line 16 Insert:
"11‑11‑119. Cease and desist orders; warehousemen; notice; opportunity for hearing.
(a) After notice and opportunity for hearing, the department shall issue a final cease and desist order to a warehouseman if the warehouseman or any officer, director, employee or agent of the warehouse is violating any state statute or rule relating to warehouses or warehousemen.
(b) Before issuing a final cease and desist order, the department shall serve notice of intent to issue the order upon the warehouseman. The notice shall be in writing and shall contain the information required by W.S. 11‑11‑119(c)(i). The proposed order shall direct the warehouseman to discontinue the violations of law, rule or regulation.
(c) The warehouseman may request a hearing on the proposed order before the director in accordance with W.S. 11‑11‑119(c)(ii). If the warehouseman does not request a hearing in writing within the prescribed time period, the proposed order shall become a final cease and desist order and the department shall serve the final order upon the warehouseman.
11‑11‑120. Temporary cease and desist order; warehousemen; service.
(a) If the department believes the actions of a warehouseman or of any officer, director, employee or agent of the warehouse pose an immediate threat to the safety and soundness of the warehouse or to the interests of the depositors or creditors of the warehouse, the department shall issue a temporary cease and desist order to the warehouseman or officer, director, employee or agent of the warehouse pending final action on the proposed cease and desist order issued pursuant to W.S. 11‑11‑119(a).
(b) The temporary order shall be in writing and shall be served upon the warehouseman. The temporary order shall take effect upon service and shall remain in effect until the director issues the final cease and desist order or a court of competent jurisdiction dismisses the proposed cease and desist order after hearing.
(c) On or after the effective date of the temporary order, the attorney general, upon request from the department, may apply to the district court for the county in which the warehouse is located for enforcement of the temporary order. If the warehouseman operates warehouses in two (2) or more counties, the request may be made in any county where the warehouseman operates a warehouse. The application for enforcement shall be given precedence over other cases pending in court and shall in every way be expedited.
11‑11‑121. Procedures for enforcement actions; service of notice; content of orders; contested case proceedings; appeal.
(a) All notices and orders required to be served by the department under this article shall be served by certified mail return receipt requested to the last known address of the warehouseman or may be served as provided by the Wyoming Rules of Civil Procedure. Notice of a proposed order issued by the department under this article shall include:
(i) A statement of the grounds for issuing the proposed order, including a citation to the statute or rule involved;
(ii) A statement of the facts in support of the allegations;
(iii) A statement informing the warehouseman subject to the proposed order of the right to a hearing on the order before the director, right of appeal of any subsequent order in accordance with the Wyoming Administrative Procedure Act and that failure to timely request a hearing will result in the order becoming final; and
(iv) A copy of the proposed order.
(b) A request for hearing on a proposed order issued by the department under this article shall be in writing and shall be submitted to the director no later than seven (7) days after receipt of the notice of intent from the department. The director shall hold the hearing no later than fifteen (15) days after receipt of the request for hearing, unless the warehouseman subject to the proposed order requests an extension of time for good cause shown.
(c) A hearing on a proposed order issued under this article shall be a contested case hearing conducted in accordance with the Wyoming Administrative Procedure Act. After the hearing, the director shall issue findings of fact and conclusions of law and a final decision either confirming or dismissing a proposed order. The director shall confirm a proposed order only if the director finds by a preponderance of the evidence that grounds exist under this article for issuing the order. Otherwise, the director shall dismiss the proposed order. If the director confirms a proposed order it shall become a final order.
(d) The department shall serve a final order under this article upon the warehouseman who is the subject of the order. The final order shall take effect upon service and shall remain in effect until the department or the court terminates the final order. The warehouseman who is the subject of the order may appeal the issuance of a final order in accordance with the Wyoming Administrative Procedure Act.
(e) On or after the effective date of a final order under this article, the attorney general, upon request from the department, may apply to the district court of the county in which the warehouse is located for enforcement of the final order. The application for enforcement shall be given precedence over other cases pending in court and shall in every way be expedited.". VASEY, MEIER
SF0036S2001/A
Page 1-line 15 Delete "and are".
Page 1-line 16 Delete "continuously appropriated to".
Page 2-line 3 Delete "." reinsert stricken language.
Page 2-line 4 Reinsert stricken language. SCHIFFER
SF0039S2001/A
Page 26-line 13 Before "a local" insert "the department of family services". HANES
SF0041SS001/A
That Substitute No. 1 for SF0041 DO Pass.
BURNS, CHAIRMAN
SF0041SS002.01/AC CORRECTED
(DIVIDED AMENDMENT)
[TO SUBSTITUTE BILL No. 1]
Page 12-line 18 Delete "seventy-five million" insert "fifteen million dollars ($15,000,000.00)".
Page 12-line 19 Delete "dollars ($75,000,000.00)". HINES, CHAIRMAN
SF0041SW001/A
[TO SUBSTITUTE BILL No. 1]
Page 12-after line 5 Insert:
"(c) No grants shall be awarded until final adoption by the board of rules and regulations pursuant to W.S. 9-15-104(f)." BOGGS, LARSON
SF0045SS001.01/AC CORRECTED
(DIVIDED AMENDMENT)
Page 2-line 1 Delete "of four" insert "to continue funding these two (2) tribal liaison positions will be".
Page 2-line 2 Delete.
Page 2-line 3 Delete "fund shall be".
Page 2-line 4 After "request" insert "." and delete balance of line.
Page 2-line 5 Delete.
Page 2-line 8 Delete "assist" insert "consult with"; after "governor" insert "and the select committee on tribal relations".
Page 2-line 9 After "developing" insert "an immediate action plan and". PECK, CHAIRMAN
SF0045SS002/A
Page 1-line 14 After "exceed" delete balance of line.
Page 1-line 15 Delete "($200,000.00)" insert "one hundred twenty thousand dollars ($120,000.00)". HINES, CHAIRMAN
SF0058SS001/A
That Substitute No. 1 for SF0058 DO Pass. HANES, CHAIRMAN
SF0058SW001/A
[TO SUBSTITUTE BILL No. 1]
Page 4-line 8 Delete "July 1, 2005" insert "immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution". HANES
SF0065SS001/A
Page 1-line 11 Delete "general fund" insert "budget reserve account".
Page 1-line 16 Delete "September" insert "October".
Page 2-line 5 After "patients" insert "and patients with other dementias".
Page 2-line 12 Delete "increases in". SCOTT, CHAIRMAN
SF0065SS002/A
Page 1-line 10 Delete "fifty thousand dollars"
Page 1-line 11 Delete "($50,000.00)" insert "twenty thousand dollars ($20,000.00)".
Page 1-line 15 After "services" insert "and the joint appropriations"; delete "committee" insert "committees". HINES, CHAIRMAN
SF0090SS001/A
That Substitute No. 1 for SF0090 DO Pass.
HANES, CHAIRMAN
SF0090SW001/A
[TO SUBSTITUTE BILL No. 1]
Page 2-line 12 After "." insert "If the information is available, the department of family services shall advise the court prior to placement of a child if the child is Title IV-E eligible.".
Page 3-line 4 After "." insert "If the information is available, the department of family services shall advise the court prior to placement of a child if the child is Title IV-E eligible.".
Page 3-line 21 After "." insert "If the information is available, the department of family services shall advise the court prior to placement of a child if the child is Title IV-E eligible.". ROSS
SF0100SS001/A
Page 2-lines 5 thru 10 Delete and insert:
"(xiii) Exempt individuals domiciled in Wyoming from the application of section 115, subsection (a) of P.L 104-193 allowing payment of benefits under the personal opportunities with employment responsibilities program (POWER) and the food stamp program;". SCOTT, CHAIRMAN
SF0113SS001/A
Page 6-line 15 Before "ulcers" insert "pressure".
Page 10-line 17 Before "admissible" insert "discoverable or".
Page 13-line 1 After "3." delete balance of line and insert: "There is appropriated from the general fund to the department of health thirty-four thousand dollars ($34,000.00) and there is authorized one (1) full time position to the department of health for the period beginning July 1, 2005 and ending June 30, 2006 to implement the purposes of this act. The department of health shall include these funds and this position in its standard budget request for the 2007-2008 biennium. There is appropriated a one (1) time appropriation of one hundred thousand dollars ($100,000.00) from the budget reserve account to the department of health to retain a consultant to develop the electronic reporting capability specified in this act.".
Page 13-lines 2 thru 8 Delete. SCOTT, CHAIRMAN