ADOPTED SENATE AMENDMENTS
WEDNESDAY, MARCH 08, 2006
HB0001JC01/AA
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HB0001 |
General government appropriations. |
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HB0001JC01/ |
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Adopt the following House amendments:
HB0001HW001/A
HB0001HW002/A
HB0001HW004/AC
HB0001HW008/A
HB0001HW012/A
HB0001HW013/A
HB0001HW015/A
HB0001HW021/AC
HB0001HW022.01/AC
HB0001HW023/A
HB0001HW027/A
HB0001HW028/A
HB0001H2002/A
HB0001H2005/A
HB0001H2009.01/AC
HB0001H2010/A
HB0001H2011/A
HB0001H2015/A
HB0001H2018/A
HB0001H2025.01/AC
HB0001H2026/A
HB0001H2030/A
HB0001H2033/A
HB0001H2034/A
HB0001H2040/A
HB0001H2061/A
HB0001H2063/A
HB0001H2066/A
HB0001H3006/A
HB0001H3007/A
HB0001H3012/A
Adopt the following Senate amendments:
SF0001S2004/A
SF0001S2047/A
SF0001S2053/A
SF0001S3009/A
SF0001S3019/A
Delete the following House amendments:
HB0001HW003/A
HB0001HW007/A
HB0001HW009/A
HB0001H2007/A
HB0001H2013/A
HB0001H2024/A
HB0001H2027/A
HB0001H2028/A
HB0001H2029/A
HB0001H2037/A
HB0001H2038/A
HB0001H2039/A
HB0001H2041/A
HB0001H2043/AC
HB0001H2057/A
HB0001H2060/A
HB0001H2062/A
HB0001H2065/A
HB0001H3001/AC
HB0001H3002/A
HB0001H3010/A
HB0001H3011/A
HB0001H3016/A
HB0001H3019/AC
HB0001H3021/A
HB0001H3025/A
HB0001H3026.01/AC
HB0001H3031/A
HB0001H3032/A
HB0001H3037/A
Delete the following Senate amendments:
SF0001SW001/A
SF0001SW002/A
SF0001SW003/A
SF0001SW004/A
SF0001SW005/A
SF0001S2002/A
SF0001S2003.01/AC
SF0001S2003.02/AC
SF0001S2005/A
SF0001S2006/A
SF0001S2007/A
SF0001S2010.01/AC
SF0001S2010.02/AC
SF0001S2013/A
SF0001S2014/A
SF0001S2015.01/AC
SF0001S2015.02/AC
SF0001S2017/A
SF0001S2020/A
SF0001S2021/A
SF0001S2022.01/AC
SF0001S2023/A
SF0001S2026/A
SF0001S2027/A
SF0001S2028/A
SF0001S2030/A
SF0001S2033/A
SF0001S2037/A
SF0001S2039/AC
SF0001S2043/A
SF0001S2045/A
SF0001S2049/A
SF0001S2051/A
SF0001S2052/A
SF0001S2054/A
SF0001S2055/A
SF0001S2063/A
SF0001S3001.01/AC
SF0001S3001.02/AC
SF0001S3003/A
SF0001S3012/A
SF0001S3016/A
SF0001S3017/A
SF0001S3020/A
SF0001S3025/A
SF0001S3027/A
SF0001S3029/A
SF0001S3030/AC
Further amend as follows:
Page 13-line 9 After "." Insert "If 2006 HB 0016 is enacted into law, this four hundred thousand dollar ($400,000.00) appropriation shall only be effective from July 1, 2006 to October 1, 2006 and only for those beneficiaries of Wyoming national guard members who were killed in a war zone during that period and who did not participate in the insurance program created in 2006 House Bill 0016.".
Page 30-line 25 After "Trust" insert "1."; Under General Fund increase amount by "25,000,000".
Page 30-After line 32 Insert:
"1. Of this general fund appropriation twenty-five million dollars ($25,000,000.00) shall be deposited in the Wyoming wildlife and natural resource trust account created by W.S. 9‑15‑103(a).".
Page 33-line 9 Under General Fund decrease amount by "363,000".
Page 33-line 18 Decrease Full Time positions by "3".
Page 33-line 24 After "." insert "The budget for any road construction project funded from this general fund appropriation shall include an amount of not less than one-half of one percent (.5%) of the total budget amount for the project for enhancements including landscaping on any project within two (2) miles of any municipality or interchange. This amount shall be in addition to any amounts allowed by department rules for the same purpose.".
Page 34-line 10 Under General Fund increase amount by "1,891,700"; Under FEDERAL FUND increase amount by "2,108,800".
Page 34-line 11 After "7." insert ", 11.".
Page 34-line 17 After "8." insert ", 12."; under General Fund increase amount by "500,000".
Page 37-after line 11 Insert:
"11. Of this appropriation, one million eight hundred ninety-one thousand seven hundred dollars ($1,891,700.00) in general funds and two million one hundred eight thousand eight hundred dollars ($2,108,800.00) in federal funds shall be expended to provide optional dental services for adults. In addition to expenses which may be allowed for extractions, reimbursement shall be limited to four hundred dollars ($400.00) per participant per year. The department of health shall promulgate rules and regulations necessary to administer the provisions of adult optional services within the equality care dental coverage program. In cases determined to be medically necessary, the state dentist may authorize the department to reimburse a participant in excess of the four hundred dollars ($400.00) per year limitation.
12. Of this general fund appropriation, five hundred thousand dollars ($500,000.00) shall only be expended if the department of health adopts standards for the designation of hospitals to qualify as designated treatment hospitals as required under W.S. 25‑10‑104. Funds under this footnote shall only be expended to provide treatment services to persons held under an emergency detention pursuant to W.S. 25‑10‑109 and to persons involuntarily committed pursuant to W.S. 25‑10‑110.".
Page 37-line 20 After "4." insert ", 5."; under FEDERAL FUND increase amount by "48,000".
Page 38-After line 17 Insert:
"5. Of this federal fund appropriation, forty-eight thousand dollars ($48,000.00) shall only be expended for the father factor program.".
Page 39-line 9 Under General Fund increase amount by "197,432".
Page 39-lines 33 and 34 Delete entirely.
Page 40-lines 1 through 5 Delete entirely and insert:
"2. Notwithstanding W.S. 11‑20‑405(b) one hundred ninety-seven thousand four hundred thirty-two dollars ($197,432.00) of this general fund appropriation shall only be expended for the brand inspection program and the board is authorized to employ up to ninety-eight (98) full-time and two (2) part-time contract employees to operate the brand inspection program for the period beginning July 1, 2006 and ending June 30, 2008 only if it is determined by the board that the brand inspection program will be able to become self-sustaining by June 30, 2007. The board shall make this determination and certify the determination to the governor no later than June 30, 2007. If the board determines the program cannot become self-sustaining by June 30, 2007, the board shall reduce expenditures accordingly.".
Page 44-line 4 Under General Fund decrease amount by "96,307".
Page 44-line 6 Under General Fund decrease amount by "98,428".
Page 44-line 15 Decrease Full Time positions by "2".
Page 44-line 21 After "." insert "The remaining amounts in this general fund appropriation and all of this other fund appropriation shall be added to the appropriation in Section 317(a) and expended for grants as provided in Section 317 of this act.".
Page 53-line 5 After "Council" insert "2."; under GENERAL FUND increase amount by "375,000".
Page 53-After line 30 Insert:
"2. Of this general fund appropriation, three hundred seventy-five thousand dollars ($375,000.00) shall only be expended for the regional economic development offices.".
Page 75-After line 14 Insert:
"CWC-Career Center 1., 2. 1,500,000 PR 1,500,000
EWC-New Dormitory 1., 2., 3. 3,838,269 2,066,760 PR 5,905,029
LCCC-Performing Arts Center/
Health Sciences Bldg. 1., 2. 29,815,950 PR 29,815,950
SC-New Student Commons 1., 2. 10,286,318 PR 10,286,318
WWC-Residence Hall 1., 2. 13,000,000 PR 13,000,000
WWC-Mechanic Addition 1., 2. 2,232,350 PR 2,232,350
1. Prior to expending this appropriation, the community college commission shall consult with the construction management division of the department of administration and information on all phases of the construction project.
2. This authorization shall not affect square footage and maintenance issues until further legislative action.
3. General funds appropriated for this project shall not exceed sixty-five percent (65%) of the total cost of the project.".
Page 77-line 6 Delete "nine hundred sixteen million eight hundred fifty-three thousand".
Page 77-line 7 Delete "one hundred fifty-nine dollars ($916,853,159.00)" and insert "one billion two hundred two million six hundred ninety-nine thousand one hundred eighty dollars ($1,202,699,180.00)".
Page 77-line 13 After "($10,000,000.00)." insert "In addition to the amount appropriated to the general fund in this subsection, the state auditor shall transfer an amount from the budget reserve account to the general fund in order to maintain an unappropriated general fund balance of ten million dollars ($10,000,000.00).".
Page 77-lines 15 through 23 Delete entirely and insert:
"(b) There is appropriated from the budget reserve account to the permanent Wyoming mineral trust fund the following:
(i) Twenty million dollars ($20,000,000.00) to be deposited on January 1, 2007;
(ii) Sixty million dollars ($60,000,000.00) to be deposited on July 1, 2007;
(iii) One hundred twenty million dollars ($120,000,000.00) to be deposited on June 30, 2008.".
Page 77-line 27 Delete "five hundred fifteen million".
Page 77-line 28 Delete "dollars ($515,000,000.00)" and insert "one hundred eighty-three million seven hundred nineteen thousand one hundred eighty-eight dollars ($183,719,188.00)".
Page 78-line 2 After "." insert "The appropriation in this subsection shall be reduced by an amount necessary to maintain an unappropriated budget reserve account balance on June 30, 2008, of eighty-six million five hundred thousand dollars ($86,500,000.00).".
Page 78-After line 7 Insert:
"(f) There is appropriated from the budget reserve account twenty-seven million five hundred thousand dollars ($27,500,000.00) to water development account III. This appropriation shall only be transferred as funds become available in the budget reserve account as determined by the state auditor but in any event shall be transferred not later than June 30, 2008.".
Page 83-after line 20 Insert:
"(f) Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207 (a) eight million eight hundred fifty thousand dollars ($8,850,000.00) of unobligated monies appropriated from the general fund to the state auditor in 2004 Wyoming Session Laws, Chapter 95, Section 306 as amended by 2005 Wyoming Session Laws, Chapter 191, Section 4, Section 306 for purposes of employee salaries and benefits, shall not revert on June 30, 2006 and are hereby appropriated to the state auditor to be distributed as follows:
(i) Eight million four hundred fourteen thousand six hundred forty-four dollars ($8,414,644.00) to executive branch agencies, excluding the University of Wyoming and the community colleges, for salary adjustments for market inequities as determined by the human resources division of the department of administration and information;
(ii) Three hundred eighty-five thousand three hundred fifty-six dollars ($385,356.00) to the supreme court for salary adjustments for judicial branch employees for market inequities as determined by the supreme court;
(iii) Fifty thousand dollars ($50,000.00) to the legislative service office to be expended to procure professional services as determined by the Management Council to assist the joint appropriations interim committee to continue to study funding options for retired state employee health insurance including school district employees as outlined in the Report on the State of Wyoming Retirees Health Insurance Study and GASB 45 Liability, and the Report on the State of Wyoming Cost Comparison Study for Wyoming School Districts and State Employees Group Insurance Plans submitted to the legislature on November 1, 2005.".
Page 86-line 4 through Page 90-line 21 Delete entirely.
Page 98-After line 22 Insert the following new sections and renumber as necessary:
"[LOCAL GOVERNMENT DISTRIBUTIONS]
Section 316.
(a) There is appropriated from the general fund to the office of state lands and investments fifty-three million three hundred thirty-three thousand three hundred thirty-three dollars ($53,333,333.00) to be distributed to cities and towns in two (2) equal distributions on August 15, 2006 and on August 15, 2007, subject to the following:
(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, but excluding the distribution exclusively to counties under W.S. 39‑15‑111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39‑15‑104, and excluding the distribution exclusively to counties under W.S. 39‑16‑111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39‑16‑104;
(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.
(b) There is appropriated from the general fund to the office of state lands and investments twenty-six million six hundred sixty-six thousand six hundred sixty-seven dollars ($26,666,667.00) to be distributed to counties in two (2) equal distributions on August 15, 2006 and on August 15, 2007. From these distributions each county shall receive the following:
(i) An equal share of fifteen percent (15%) of the total amount to be distributed; and
(ii) Of the remaining eighty-five percent (85%), an amount to be distributed to each county in the proportion each county's population bears to the total population of the state.
(c) For purposes of this section, population is to be determined by resort to the latest federal census as updated by the bureau of the census.
(d) The office of state lands and investments shall present in its standard budget request for the 2009-2010 fiscal biennium a request for at least thirty-one million five hundred thousand dollars ($31,500,000.00) for cities and towns and at least thirteen million five hundred thousand dollars ($13,500,000.00) for counties to be distributed as provided in this section.
(e) Any monies appropriated by this section remaining unexpended or unobligated on June 30, 2008 shall revert to the general fund.
[MINERAL IMPACT FUND]
Section 317.
(a) In addition to the amounts otherwise distributed to the state loan and investment board pursuant to W.S. 9‑4‑604, there is appropriated to the state loan and investment board one hundred thirteen million two hundred thousand six hundred eighty-two dollars ($113,200,682.00) from the general fund to be used in the manner specified by W.S. 9‑4‑604.
(b) Of the amount authorized under subsection (a) of this section, the state loan and investment board is authorized to direct the state treasurer to transfer not more than one hundred five million dollars ($105,000,000.00) into the mineral impact account which is hereby created. The purpose of the account shall be to provide grants to cities, towns, counties and special districts which are directly impacted by the development of natural gas, to be used for capital construction including, but not limited to, capital equipment, public safety projects, housing related projects and road repair or construction. The board is further authorized to set aside a specific amount from the mineral impact account for specific counties directly impacted by the development of natural gas, provided the cities, towns and counties in the affected areas certify to the board that the county board of commissioners and the councils of the cities and towns within that county that comprise seventy percent (70%) of the incorporated population have reached agreement on the projects for which the grants will be used. In evaluating applications under this subsection, the board after considering the applicant's financial strength may reduce or waive any matching funds required by W.S. 9‑4‑604:
(i) The board shall request a list of potential impact projects for the 2007–2008 biennium to be submitted not later than May 15, 2006 by the cities, towns, counties and special districts directly impacted by the development of natural gas and shall take this list into consideration in the awarding of grants.
(c) Of the remaining funds authorized under this section, the board shall provide grants to cities, towns and counties which are not directly impacted by the development of natural gas. The board shall request each city and town, and county on behalf of the county and any special district within the county, to submit, not less than forty-five (45) days prior to the beginning of each biennium, a list of potential projects for that biennium, listed in the general categories of transportation including roads, bridges, streets, traffic and drainage; utilities including water, wastewater, solid waste and electricity; public safety including county jails, law enforcement, fire protection and animal control; medical including hospitals, clinics and ambulances; and other categories including but not limited to local government buildings and public use facilities. Notwithstanding any other provision of law and taking into consideration the categories listed in this subsection, the board shall award grants in such a way that, except for emergency situations that pose a direct and immediate threat to public health, safety or welfare, none of the categories in this subsection shall be given preferential treatment. In evaluating applications under this subsection, the board, after considering the applicant's financial strength may reduce or waive any matching funds required by W.S. 9‑4‑604, however not less than one quarter (1/4) of the funds available for grants under this subsection shall be used for grants requiring a local match of not more than twenty-five percent (25%) from the local government.
(d) Any monies authorized by this section remaining unexpended or unobligated on June 30, 2008 shall revert to the general fund.
(e) The state loan and investment board shall adopt rules and regulations to carry out the provisions of this section. This subsection and paragraph (b)(i) of this section shall be effective immediately.
[MINERAL IMPACT FUND-MATCHING MONIES]
Section 318.
(a) Of the amount authorized under section 317(b) of this act, the state loan and investment board is authorized to establish an account within the mineral impact fund in the amount of not more than ten million dollars ($10,000,000.00). The account shall be used in the same manner as specified in section 317(b) of this act. This amount is subject to review and approval by the state loan and investment board and the following:
(i) The funds in the account under this section shall be retained by the state treasurer and available to the state loan and investment board to provide grants to local governments as provided by section 317 of this act only to the extent that cash or binding commitments from private sources have been received by the state loan and investment board or the local government to match the amount of the grant;
(ii) The determination as to whether a binding commitment has been received shall be made by the attorney general;
(iii) Cash or binding commitments shall be received not later than April 30, 2008 to be counted as matching funds under this section.
(b) Any monies authorized by this section remaining unexpended or unobligated on June 30, 2008 shall revert to the general fund.
(c) The state loan and investment board shall adopt rules and regulations to carry out the provisions of this section. This subsection shall be effective immediately.
[SPECIAL REVENUE DISTRIBUTION]
Section 319.
(a) There is appropriated to the office of state lands and investments six million five hundred thousand dollars ($6,500,000.00) from the general fund to be distributed to eligible cities and towns in two (2) equal distributions on August 15, 2006 and on August 15, 2007, subject to the following:
(i) Each eligible city and town shall receive amounts in accordance with a municipal supplemental funding formula as provided in this paragraph. The municipal supplemental funding formula shall be calculated by the office of state lands and investments 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, but excluding the distribution exclusively to counties under W.S. 39‑15‑111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39‑15‑104, and excluding the distribution exclusively to counties under W.S. 39‑16‑111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39‑16‑104;
(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) From the adjusted population of a city or town as calculated in subparagraphs (A) through (D) of this paragraph, subtract the actual population of the city or town to determine the resulting population adjustment. Distribute the funding under this paragraph in the proportion which the population adjustment of the city or town bears to the population adjustments of all cities and towns in Wyoming 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.
(b) There is appropriated from the general fund to the office of state lands and investments a total of six million five hundred thousand dollars ($6,500,000.00) to be distributed to counties in two (2) equal distributions on August 15, 2006 and on August 15, 2007. The office shall calculate the amounts to be distributed to eligible counties as determined by this subsection as follows:
(i) Multiply each county's total assessed valuation by twelve mills (.012). This amount shall represent the county property tax available;
(ii) Calculate the sum of the following to determine the county funding need:
(A) Nine hundred thousand dollars ($900,000.00); plus
(B) The product of the county population from zero (0) to five thousand (5,000) multiplied by one hundred fifty dollars ($150.00); plus
(C) The product of the county population from five thousand one (5,001) to twenty-five thousand (25,000) multiplied by one hundred twenty dollars ($120.00); plus
(D) The product of the county population above twenty-five thousand (25,000) multiplied by eighty dollars ($80.00).
(iii) Calculate the property tax shortfall for each county by subtracting the property tax available as determined by paragraph (i) of this subsection from the county funding need as determined by paragraph (ii) of this subsection. If the amount is greater than zero, the county shall be eligible for distribution of money under this subsection;
(iv) The amount distributed under this subsection to each eligible county shall be in the proportion that the county's property tax shortfall bears to the total property tax shortfall of all counties eligible to receive a distribution under this subsection.
(c) For purposes of this section, population is to be determined by resort to the latest federal census as updated by the bureau of the census.
(d) Any monies appropriated by this section remaining unexpended or unobligated on June 30, 2008 shall revert to the general fund.
[WILDLIFE TRUST CHALLENGE ACCOUNT]
Section 320.
(a) The Wyoming wildlife trust challenge account is created. The state treasurer shall invest funds within the account created under this subsection and shall deposit the earnings from investments to the general fund. There is appropriated three million dollars ($3,000,000.00) from the general fund to the wildlife trust challenge account.
(b) To the extent funds are available in the wildlife trust challenge account, the state treasurer shall match gifts actually received during the donation period provided in this subsection by the Wyoming wildlife and natural resource trust account board. A match shall be paid under this section by the state treasurer following any accumulated gift amounts actually received by the Wyoming wildlife and natural resource trust account board in a total of five thousand dollars ($5,000.00) or more. The match shall be made by transferring from the wildlife trust challenge account to the Wyoming wildlife and natural resource trust account created W.S. 9‑15‑103(a) an amount equal to the accumulated amount of the gift. The match applies to gifts received during the donation period commencing July 1, 2006 and ending June 30, 2008.
(c) The state treasurer shall make transfers to the Wyoming wildlife and natural resource trust account created W.S. 9‑15‑103(a) not later than the end of the calendar quarter following the quarter during which gifts total at least five thousand dollars ($5,000.00). If gifts are made through a series of payments or transfers, no matching funds shall be transferred under this section until the total value of all payments or transfers actually received totals at least five thousand dollars ($5,000.00).
(d) Matching funds paid under this section shall not be distributed to or encumbered by the board in excess of the amount in the wildlife challenge account and shall not be transferred to the Wyoming wildlife and natural resource trust account by the state treasurer except to match gifts actually received by the board.
(e) For the purpose of computing the matching amount, the state treasurer shall use the value of a gift based upon its fair market value at the time the gift is received by the board. The board shall provide evidence of fair market value for any gift if requested by the state treasurer and shall fund the cost of providing any requested evidence.
[LIBRARIES FUNDING]
Section 321.
(a) There is appropriated ten million dollars ($10,000,000.00) from the budget reserve account to be used exclusively for the purchase of library materials, including electronic materials and subscriptions, to be distributed as follows:
(i) Two million nine hundred thousand dollars ($2,900,000.00) to the Wyoming state library for deposit in the trust and agency account for distribution to the boards of county commissioners of each county for support of the county libraries as follows:
(A) Eighty-seven thousand eight hundred eighty dollars ($87,880.00) to each county;
(B) Eight hundred seventy-eight thousand seven hundred sixty dollars ($878,760.00) to be distributed among the counties in the proportion that the county population bears to the total state population as determined by the most recent decennial census;
(C) The funds provided in paragraph (a)(i) of this section shall not revert on June 30, 2008.
(ii) Two million eight hundred thousand dollars ($2,800,000.00) to the Wyoming community college commission to be distributed on an application basis to support the community colleges' curriculum and outreach efforts. A committee of community college library personnel shall develop the application and selection criteria and make the grant awards. Each of the community college presidents shall appoint one (1) member to the committee and the president of the Wyoming community college commission shall appoint the chairman of the committee from these appointees.
(iii) Four million three hundred thousand dollars ($4,300,000.00) to the University of Wyoming for the purchase of library materials to be eligible to reapply for admission as a member of a consortium of university libraries known as the Greater Western Library Alliance in the summer of 2008. This appropriation shall not be included in the University of Wyoming's block grant.
(b) A county, community college or the University of Wyoming shall not be eligible for the funds appropriated under this section if the county, community college or the University of Wyoming uses the funds to reduce existing funding for its library.
(c) The Wyoming state library, the Wyoming community college commission and the University of Wyoming shall each report to the joint education interim committee by October 1, 2007 regarding the use of the funds and their effectiveness in enhancing existing library services, promoting collaboration between the community colleges and the University of Wyoming in the use of library resources and improving library quality for their users. In addition, the University of Wyoming shall report on its efforts to prepare for reapplication to the Greater Western Library Alliance and identify what further actions are necessary to successfully apply for membership in the Association of Research Libraries by the summer of 2010.
[COAL BED METHANE WATER FEASIBILITY STUDY]
Section 322.
(a) There is appropriated from the general fund one hundred thousand dollars ($100,000.00) to the department of environmental quality for purposes of conducting a feasibility study of surface discharge alternatives for use of coal bed methane industry water in the Muddy Creek drainage of south central Wyoming. This appropriation shall not be expended until a cash match of one hundred thousand dollars ($100,000.00) has been received from private sources for the purposes of this section.
(b) The department shall work with the state engineer's office, Wyoming oil and gas conservation commission and the bureau of land management to identify the most effective and feasible options for management of surface discharged produced water and associated drainage area resources within the project area. The feasibility study shall identify appropriate land and water management methods within the drainage area considering private and public property, water rights and river basin compacts. At a minimum the study shall include an assessment of the following alternatives:
(i) Review of available water treatment technologies;
(ii) Treated water discharges to perennial streams;
(iii) Treated water discharges to ephemeral streams and associated salinity impacts;
(iv) Treated water utilized for agricultural and wildlife purposes;
(v) Treated water use for augmentation purposes in the North Platte river basin;
(vi) Treated water use for augmentation in the Colorado river basin; and
(vii) Estimates of the water volumes to be annually discharged and the capacity to carry that water within the natural hydrologic limits.
(c) The study shall identify legal, technological and regulatory obstacles within the drainage area and propose practical, cost effective solutions. The study shall address possible beneficial uses of coal bed methane discharge waters and make recommendations for the use of excess discharged water. The department shall prepare conceptual designs for any facilities necessary for stream channel stabilization, erosion control, irrigation water control, re-injection and management.
(d) The department shall provide a comprehensive summary of its findings and recommendations to the governor and the legislature not later than December 1, 2006.".
To the extent required: adjust totals; and renumber as necessary. PHILP, ANDERSON, R., MARTIN, QUARBERG, SIMPSON, HINES, ANDERSON, J., COE, MOCKLER, NICHOLAS,
HB0012S3002/AE
Page 3-lines 10 through 14 Delete the Nicholas Third Reading Amendment (HB0012S3001/AE) to these lines and further amend as follows:
Page 3-line 10 Delete "the standard budget" insert "its exception budget".
Page 3-line 11 After "thereafter," insert "the department of health shall propose that". NICHOLAS
HB0024S2001.01/ACE CORRECTED
DIVIDED AMENDMENT
[TO ENGROSSED COPY]
Page 1-line 14 Delete "a new subsection" insert "new subsections"; after "(n)" delete "," insert "and (o),".
Page 3-line 13 After "(a)" insert "Notwithstanding paragraph (vi) of this subsection,".
Page 4-after line 20 Insert and renumber:
"(iii) One (1) director shall be a citizen at large who has no financial interest in any livestock business and shall be elected for a term of three (3) years;".
Page 4-line 22 Delete "(iii)" insert "(iv)".
Page 5-line 6 Delete "(iv)" insert "(v)".
Page 5-line 10 Strike "one (1) director to" insert "two (2) directors. One (1) director shall".
Page 5-line 11 Strike "and thereafter" insert "and one (1) director shall serve for an initial term of three (3) years. Thereafter each director shall serve".
Page 5-line 17 Delete "(v)" insert "(vi)".
Page 5-line 21 Delete "three (3)" insert "all the directors shall be appointed to the board of directors by the county commissioners serving the local district with consideration given to demographics and the livestock industry.".
Page 5-lines 22 through 24 Delete.
Page 6-lines 1 through 8 Delete
Page 6-line 9 Delete "possible".
Page 6-line 10 Delete "three (3) sportsmen and hunter".
Page 6-line 19 After "terms" strike balance of line.
Page 6-line 20 Strike existing language and delete all new language.
Page 6-line 21 Strike the line through "filled"; after "by" insert "the".
Page 6-line 22 Strike "appointment".
Page 7-line 1 Delete "sheep," insert "predator management districts".
Page 7-line 2 Delete "goat and cattle owners".
Page 8-line 9 After "11‑6‑202(a)(i)" delete "and" insert ",".
Page 8-line 10 After "(ii)" insert "and (iii)".
Page 12-line 6 Delete "sheep and cattle owners" insert "predator management boards".
Page 16-after line 19 Insert and renumber:
"(o) To be eligible to receive state funds, the district shall assess and collect all available fees on livestock in the district.".
Page 22-line 6 Delete "committing" insert "expending".
Page 22-line 8 After "purpose" insert "except for administrative costs and the five percent (5%) retainage pursuant to W.S. 11‑6‑210(a)".
To the extent required by this amendment, renumber as necessary. VON FLATERN
HB0028S2001/AE
[TO ENGROSSED COPY]
Page 5-line 20 After "Wyoming" delete "," insert "or".
Page 5-line 21 After "court" delete "," insert ". However, if the report of sexual assault described in subsection (a) of this section results in the filing against any person of a criminal charge, or the filing of a petition alleging a delinquent act which would be a felony if committed by an adult, the written report disclosing the results of an examination made pursuant to this section shall be made available to the person charged or his counsel upon demand.". BURNS
HB0029S2001/AE
[TO ENGROSSED COPY]
Page 2-lines 1 through 3 Reinsert all stricken language and delete all new language.
Page 2-line 7 Delete "this act" insert "W.S. 40‑4‑101".
Page 2-line 14 Delete "this act under" insert "W.S. 40‑4‑101 as provided in". NICHOLAS
HB0076S2001/AE
[TO ENGROSSED COPY]
Page 3-line 12 Delete the Senate Standing Committee Amendment (HB0076SS001/AE) to this line and further amend as follows: after "subsection." insert "No overseas combat veteran shall be eligible for free tuition under this section for any semester commencing more than ten (10) academic years after the veteran's completion of military service. Except for good cause as defined in rules and regulations of the community college commission, no combat orphan shall be eligible to apply for his first semester of free tuition under this section more than three (3) academic years after the graduation date of the student's high school class or, for a student with a general equivalency diploma or who was home schooled, the high school graduation date of students of the same age.". BOGGS
HB0076S2002/AE
[TO ENGROSSED COPY]
Page 2-line 6 After "semester" insert "for the University of Wyoming and with the commencement of the summer semester for community colleges". COOPER
HB0092S3001/AE
[TO ENGROSSED COPY]
Page 1-line 2 Delete "family" insert "workforce".
Page 2-line 21 Delete "family" insert "workforce".
Page 3-line 1 Delete "workforce" insert "family".
Page 5-line 6 Delete "family" insert "workforce".
Page 5-line 15 Delete "family" insert "workforce".
Page 6-line 14 Delete "family" insert "workforce".
Page 14-line 5 Delete "family" insert "workforce".
Page 17-line 8 Delete "family" insert "workforce".
Page 21-line 12 Delete "family" insert "workforce".
Page 21-line 15 Delete "family" insert "workforce".
SCHIFFER, MEIER, TOWNSEND, JENNINGS
HB0092S3002/AE
[TO ENGROSSED COPY]
Page 10-line 8 Delete "two hundred" insert "one hundred eighty-five percent (185%)".
Page 10-line 9 Delete "fifty percent (250%)". MEIER
HB0092S3003/AE
[TO ENGROSSED COPY]
Page 1-line 7 After "authority;" insert "providing for a grievance board;".
Page 18-after line 15 Insert and renumber:
"(b) The department shall establish a grievance board to hear public comments on the quality child care system. The grievance board shall meet one (1) time per month, and shall not meet in the same community more than once per quarter. A report of all comments regarding the quality child care system and the action taken, if any, by the department in response to those comments shall be included in the department's annual report to the oversight committee.". JENNINGS
HB0092S3004/AE
[TO ENGROSSED COPY]
Page 18-lines 17 through 24 Delete and renumber.
Page 19-lines 1 through 22 Delete.
Page 20-lines 1 through 23 Delete.
Page 21-lines 1 through 6 Delete.
Page 21-line 8 Delete "5" insert "4".
Page 22-line 8 Delete "6" insert "5". JENNINGS
HB0092S3005/AE
[TO ENGROSSED COPY]
Page 21-lines 10 through 24 Delete, including the Schiffer et al. Third Reading Amendment (HB0092S3001/AE) to these lines and further amend as follows: insert "There is appropriated one million dollars ($1,000.000.00) from the general fund to the department designated in section 1 of this act for the purpose of developing and recommending rules and procedures for W.S. 14‑4‑202 created by this act.".
Page 22-lines 1 through 6 Delete. NICHOLAS
HB0092S3006/AE
[TO ENGROSSED COPY]
Page 15-line 18 Delete "joint appropriations" insert "Wyoming senate, appointed by the president of the senate. No more than three (3) members shall be from the same political party. The president of the senate shall appoint a co-chairman of the committee;".
Page 15-lines 19 through 21 Delete.
Page 15-line 23 Delete "joint labor, health" insert "Wyoming house of representatives, appointed by the speaker of the house of representatives. No more than three (3) members shall be from the same political party. The speaker of the house of representatives shall appoint a co-chairman of the committee.".
Page 15-line 24 Delete.
Page 16-lines 1 through 3 Delete. MEIER
HB0135S2001/AE
[TO ENGROSSED COPY]
Page 18-line 8 Strike "shall" insert "may".
Page 18–line 10 Delete "or" insert "and". SESSIONS, VON FLATERN
HB0139S3001.01/AC CORRECTED
DIVIDED AMENDMENT
[TO SUBSTITUTE BILL No. 2]
Page 2-line 1 After "expenditures;" insert "providing for a report on bureau of Indian affairs schools;".
Page 67-After line 21 insert and renumber:
"Section 12.
(a) Notwithstanding 2006 House Bill 0001, all appropriations within that bill to the department of education for contracting with bureau of Indian affairs (BIA) schools addressing the special educational needs of Indian students shall be for the fiscal year commencing July 1, 2006, and ending June 30, 2007.
(b) On or before December 1, 2006, the state superintendent of public instruction shall in consultation with the bureau of Indian affairs (BIA) school board of directors, provide a report on the feasibility of incorporating BIA schools into the Wyoming system of public school finance. The report shall contain an analysis of existing funding sources and fund expenditures, the necessary steps to incorporate BIA schools into the state system of school finance and recommendations as to the advisability and methodology for including BIA schools within the system of school finance. The report shall be submitted to the joint appropriations interim committee, the joint education interim committee and the select committee on tribal relations.
(c) As part of the contract under which funds are provided by the department of education to the bureau of Indian affairs (BIA) schools, the joint business council shall agree to report to the joint appropriations interim committee, the joint education interim committee and the select committee on tribal relations on the expenditure of funds under subsection (a) of this section, provide information required to meet the purposes of the report required under subsection (b) of this section, and report on the impact of the expenditures on student performance. A preliminary report on fund expenditures shall be made not later than December 1, 2006 and the final report shall be made not later than June 30, 2007.". PECK, CASE, VASEY
HB0144S2001/AE
[TO ENGROSSED COPY]
Page 5-line 8 Delete "seven hundred fifty" insert "five hundred dollars ($500.00).".
Page 5-line 9 and 10 Delete.
Page 5-line 16 Delete "seven" insert "five hundred dollars ($500.00).".
Page 5-lines 17 and 18 Delete. AULLMAN
HB0154S2001/AE
[TO ENGROSSED COPY]
Page 1-line 2 After "building;" insert "providing conforming amendments;".
Page 1-line 7 Delete "is" insert ", 22‑26‑113 and 22‑26‑114 are".
Page 3-after line 5 Insert:
"22‑26‑113. Electioneering too close to a polling place.
Electioneering too close to a polling place on election day, or absentee polling place under W.S. 22‑9‑125, consists of any form of campaigning, including the display of campaign signs or distribution of campaign literature, the soliciting of signatures to any petition or the canvassing or polling of voters, except exit polling by news media, within one hundred (100) yards of the building in which the polling place is located.
22‑26‑114. Disturbing polling place.
Disturbing a polling place consists of creating any disorder or disruption at a polling place on election day, or absentee polling place under W.S. 22‑9‑125, or interfering with the orderly conduct of an election.".
Page 3-line 7 Delete "July" insert "April". MEIER
HB0170S2001/AE
[TO ENGROSSED COPY]
Page 6-after line 2 Insert and renumber:
"Section 2. Notwithstanding W.S. 9‑4‑207, funds appropriated by 2005 Session Laws, chapter 160, for unreimbursed trauma care shall not lapse at the end of the biennium ending June 30, 2006 but shall remain available for expenditures until June 30, 2007, subject to the requirements of 2005 Session Laws, chapter 160 and paragraphs (b)(i) and (iii) of section 1 of this act.".
Page 6-line 4 Delete "2" insert "3". SCOTT
Amend Senate Rule 19-2(b) as follows:
PROCEEDINGS TO BE RECORDED
19-2 The proceedings of the Senate shall be:
(a) When not acting as a Committee of the Whole, entered on the Journal as concisely as possible, care being taken to detail a true and accurate account of the proceedings; but every vote of the Senate shall be entered upon the Journal, and a brief reference to the contents of each petition, memorial or paper presented in the Senate shall also be inserted in the Journal; [Ref: Mason's § 694 to 697]
(b) To the extent practicable, electronically
recorded. on tape. After adjournment on each day the legislature is
in session, the chief clerk shall label each tape used to record the
proceedings for that business day specifying the house, date and the
appropriate number of the tape in order of the total number of tapes used on
that date in that house and shall initial the label. The chief clerk
legislative service office shall retain all tapes used recordings
made during the session and then transfer them to the secretary of state
not later than the beginning of the second business day for the office of the
secretary of state following the date on which the session adjourned. Upon
transfer to the secretary of state, the tapes recordings shall
become a public record; however, the contents of any tape recording made
under this rule shall not be construed to supersede the Journal;
(c) To the extent practicable, broadcast over the internet via RealAudio or similar capability. Contents of any audio broadcast of proceedings under this rule shall not be construed to supersede the Journal. Failure of audio broadcast capability under this rule shall not delay the proceedings of the Senate.
SENATE RULES AND PROCEDURES COMMITTEE