ADOPTED SENATE AMENDMENTS
FRIDAY, FEBRUARY 29, 2008
HB0017S2001/AE
[TO ENGROSSED COPY]
Page 4-line 8 After "programs and" insert "recommend to a community college that it". BEBOUT, VASEY
HB0053SW001/A
Page 1-line 17 After "($10.00)" insert "or one-quarter (1/4) of the garnishment, whichever is less,".
Page 2-line 13 After "($10.00)" insert "or one-quarter (1/4) of the garnishment, whichever is less,". BURNS
HB0086SS001/AC CORRECTED
(CORRECTED COPY)
Page 2-line 21 After "deaf" insert ". Effective January 1, 2009, the governing body shall file with the Wyoming public service commission a certified statement of its annual gross receipts and detailed and itemized annual expenditures of any taxes collected pursuant to this act from 2004 through and including the most recent calendar year". CASE, CHAIRMAN
HB0098S2001/AE
[TO ENGROSSED COPY]
Page 1-line 3 Delete through "practicing" and insert "authorizing audiologists and speech pathologists licensed in other jurisdictions to provide consultation services in Wyoming".
Page 2-line 6 After "means" insert "is allowed".
Page 2-line 7 After "audiologist" delete balance of line and insert ". A person located outside of Wyoming and providing speech pathology or audiology consultation services in this state through telephonic, electronic or other means shall be appropriately licensed in the jurisdiction in which the person is located.".
Page 2-lines 8 and 9 Delete.
Page 3-line 9 Reinsert stricken "or its".
Page 3-line 10 Reinsert stricken "equivalent". SCOTT, VON FLATERN
HB0109S2002/AE
[TO ENGROSSED COPY]
Page 2-line 5 After "prices." insert "This subsection shall not apply retroactively.". CASE
HB0136SW001/AE
[TO ENGROSSED COPY]
Page 2-line 20 Delete "without limitation" insert "upon probable cause to believe that the vehicle is operating in violation of this paragraph or other law,". MEIER
SF0001JC01/AA
Adopt the following Senate amendments:
SF0001S2002.01/AC
SF0001S2020/A
SF0001S2030/A
SF0001S2044/A
SF0001S2046.01/AC
SF0001S2050/A
SF0001S2059/A
SF0001S2060/A
SF0001S3002/A
SF0001S3006/A
SF0001S3013/A
SF0001S3016/A
SF0001S3017/A
SF0001S3024/A
SF0001S3031/A
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Adopt the following House amendments:
HB0001H2002/A
HB0001H2004/A
HB0001H2008/A
HB0001H2009/A
HB0001H2010/A
HB0001H2022/AC
HB0001H2025/A
HB0001H2028/A
HB0001H2029/A
HB0001H2044/A
HB0001H2050/A
HB0001H2057/A
HB0001H3007/A
HB0001H3008/A
HB0001H3009/A
HB0001H3013/AC
HB0001H3015/A
HB0001H3019/AC
HB0001H3020/AC
HB0001H3028/A
Delete the following Senate amendments:
SF0001S2003/A
SF0001S2010/A
SF0001S2016/A
SF0001S2017/A
SF0001S2019/A
SF0001S2021.01/AC
SF0001S2026/A
SF0001S2029/A
SF0001S2033/A
SF0001S2034/A
SF0001S2040/A
SF0001S2041/A
SF0001S2042/A
SF0001S2048/A
SF0001S2049/A
SF0001S2051/A
SF0001S2052/A
SF0001S2057/AC
SF0001S2058/A
SF0001S3007/A
SF0001S3008/A
SF0001S3011/A
SF0001S3020/A
SF0001S3025/A
SF0001S3026/A
SF0001S3029/A
SF0001S3032.01/AC
SF0001S3032.02/AC
SF0001S3032.03/AC
SF0001S3036/A
Delete the following House amendments:
HB0001H2006/A
HB0001H2013/A
HB0001H2015/A
HB0001H2017/A
HB0001H2020/A
HB0001H2026/A
HB0001H2032/AC
HB0001H2046/A
HB0001H2048/A
HB0001H2053/A
HB0001H2056/A
HB0001H2058/A
HB0001H3001/A
HB0001H3005/A
HB0001H3006/A
HB0001H3011/A
HB0001H3012/AC
HB0001H3022/A
HB0001H3023/A
HB0001H3024/A
HB0001H3026/A
HB0001H3027/A
HB0001H3030/A
Further amend as follows:
Page 9-line 10 After "1." insert ", 2.".
Page 26-line 14 After "2." insert ", 3.".
Page 27-After line 3 insert:
"3. The agency shall include a request for a general fund appropriation of one hundred million dollars ($100,000,000.00) in the agency's 2011-2012 standard budget request."
Page 36-line 4 Under GENERAL FUND increase amount by "250,000".
Page 36-line 4 After "Aid" insert "1.".
Page 36-after line 12 Insert:
"1. Of this general fund appropriation, two hundred fifty thousand dollars ($250,000.00) shall only be expended for operation of the Haub School of Environment and Natural Resources.".
Page 40-line 18 After "Council" insert "1."; under GENERAL FUND increase amount by "115,300".
Page 40-After line 29 Insert:
"1. Of this general fund appropriation, one hundred fifteen thousand three hundred dollars ($115,300.00) shall only be expended for the purpose of supporting the council's regional offices. Of this one hundred fifteen thousand three hundred dollars ($115,300.00) general fund appropriation, twenty-six thousand dollars ($26,000.00) shall not be included in the council's 2011-2012 standard biennial budget request.".
Page 55-line 9 After "Reform" insert "4."
Page 55-After line 27 Insert:
"4. The department of education shall study the feasibility of implementing a growth model system of student assessment to meet the requirements of the federal No Child Left Behind Act of 2001. On or before October 1, 2008, the department shall report study results to the joint education interim committee."
Page 73-line 11 Under GENERAL FUND increase amount by "250,000".
Page 74-After line 23 Insert:
GENERAL FEDERAL OTHER TOTAL
APPROPRIATION FUND FUND FUNDS APPROPRIATION
FOR $ $ $ $
" Section 057. Community College Commission 1.
PROGRAM
CWC–72 Bed Housing Facility 8,118,000 PR 8,118,000
LCCC–Res Hall/Dining Fac/Kitchen 23,490,000 PR 23,490,000
NWCC–Simpson Hall Addition 5,546,000 PR 5,546,000
NWCCD Gillette College–Residence Hall 10,455,699 PR 10,455,699
WWCC–Residence Hall 8,869,000 PR 8,869,000
WWCC–Residence Hall 13,250,000 PR 13,250,000
NWCCD Sheridan College-Residence Hall 10,057,000 PR 10,057,000
_____________ _____________ _____________ _____________
TOTALS 79,785,699 79,785,699
1. No funds appropriated for major maintenance for community colleges and distributed to the colleges by the commission through the state aid block grant shall be expended for major maintenance on the projects authorized in this section.".
Page 75-line 5 Under GENERAL FUND decrease amount by "771,210".
Page 76-line 5 After "exceed" delete the balance of the line.
Page 76-line 6 Delete.
Page 76-line 7 Delete "($1,350,042,442.00)" and insert "one billion three hundred seventy million, four hundred fifteen thousand nine hundred sixty dollars ($1,370,415,960.00)".
Page 77-line 6 After "stabilization" insert "reserve"; after "account" insert "under paragraph (b)(iii) of this section".
Page 77-line 7 After "balance." insert "Any amount of unappropriated funds remaining in the budget reserve account on June 30, 2010 in excess of one hundred four million eight hundred eighty thousand dollars ($104,880,000.00) shall be transferred to the legislative stabilization reserve account.".
Page 101-line 1 through page 113-line 27 Delete entirely.
Page 117-after line 21 Insert the following new sections and renumber as necessary:
"[LOCAL GOVERNMENT DISTRIBUTIONS-I]
Section 323.
(a) There is appropriated one hundred seventy million dollars ($170,000,000.00) from the general fund to the office of state lands and investments to be allocated pursuant to the following and as further provided in this section:
(i) Forty-four million eight hundred twenty-six thousand six hundred sixty-seven dollars ($44,826,667.00) for direct distribution to cities and towns;
(ii) Sixteen million nine hundred thirteen thousand three hundred thirty-three dollars ($16,913,333.00) for direct distribution to counties;
(iii) Four million one hundred thirty thousand dollars ($4,130,000.00) for revenue challenged cities and towns;
(iv) Four million one hundred thirty thousand dollars ($4,130,000.00) for revenue challenged counties;
(v) One hundred million dollars ($100,000,000.00) for county block distribution for capital projects.
[CITY AND TOWN DIRECT DISTRIBUTION ALLOCATIONS]
(b) Funds appropriated in paragraph (a)(i) of this section are to be distributed to cities and towns in two (2) equal distributions on August 15, 2008 and on August 15, 2009, subject to the following:
(i) From these distributions each city or town with a population of thirty-five (35) or less shall first receive two thousand five hundred dollars ($2,500.00) and each city or town with a population over thirty-five (35) shall first receive five thousand dollars ($5,000.00). 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 office of state lands and investments as follows:
(A) Calculate the per capita distribution of sales and use tax revenues for the fiscal year beginning July 1, 2006 and ending June 30, 2007 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.
[COUNTY DIRECT DISTRIBUTION ALLOCATIONS]
(c) Funds appropriated in paragraph (a)(ii) of this section are to be distributed to counties in two (2) equal distributions on August 15, 2008 and on August 15, 2009. 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.
[CITY AND TOWN REVENUE CHALLENGED ALLOCATIONS]
(d) Funds appropriated in paragraph (a)(iii) of this section are to be distributed to eligible cities and towns in two (2) equal distributions on August 15, 2008 and on August 15, 2009, 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 period beginning July 1, 2006 and ending June 30, 2007 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.
[COUNTY REVENUE CHALLENGED ALLOCATIONS]
(e) Funds appropriated in paragraph (a)(iv) of this section are to be distributed to eligible counties in two (2) equal distributions on August 15, 2008 and on August 15, 2009. The office of state lands and investments 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 for tax year 2007 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 (0), 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.
[COUNTY BLOCK ALLOCATIONS – CAPITAL PROJECTS]
(f) Funds appropriated in paragraph (a)(v) of this section shall only be expended for the purpose of grants for capital improvement projects and subject to subsection (g) of this section shall be allocated for each county as follows:
(i) To each county an amount equal to the amount allocated in paragraph (a)(v) of this section multiplied by eighty percent (80%) divided by the total state population and multiplied by the county's population; plus
(ii) To each county, an amount equal to the remainder of the amount allocated in paragraph (a)(v) of this section multiplied by each county's inverse per capita assessed valuation factor computed as follows:
(A) Divide each county's tax year 2007 assessed valuation by that county's population to compute county assessed valuation per capita and the total state tax year 2007 assessed valuation by the total state population to compute state assessed valuation per capita;
(B) Divide the state assessed valuation per capita by each county's assessed valuation per capita to compute an inverse ratio for each county;
(C) Sum all the county inverse ratios computed in subparagraph (f)(ii)(B) of this section for a state total inverse ratio;
(D) Divide each county's inverse ratio by the state total inverse ratio to compute each county's inverse per capita assessed valuation factor.
(g) Funds subject to subsection (f) of this section shall only be expended for capital projects including capital projects constructed by special districts. To be eligible for the grants, the board of county commissioners and the governing bodies of the cities and towns within that county that comprise at least seventy percent (70%) of the incorporated population shall certify to the state loan and investment board that they have reached agreement on the projects for which the funds will be used.
(h) For purposes of this section, population is to be determined by resort to the latest decennial federal census as updated by the bureau of census.
(j) Any political subdivision which impedes the establishment of any necessary cellular tower or other equipment site required for the WyoLink interoperable public safety communications system on any property owned by that political subdivision shall not be eligible to receive monies distributed under this section.
[LOCAL GOVERNMENT DISTRIBUTIONS-II]
Section 324.
(a) There is appropriated one hundred seventy million dollars ($170,000,000.00) from the general fund to the office of state lands and investments to be allocated pursuant to the following and as further provided in this section:
(i) Thirty-three million eight hundred twenty-six thousand six hundred sixty-seven dollars ($33,826,667.00) for direct distribution to cities and towns;
(ii) Sixteen million nine hundred thirteen thousand three hundred thirty-three dollars ($16,913,333.00) for direct distribution to counties;
(iii) Four million one hundred thirty thousand dollars ($4,130,000.00) for revenue challenged cities and towns;
(iv) Four million one hundred thirty thousand dollars ($4,130,000.00) for revenue challenged counties;
(v) Ninety-one million dollars ($91,000,000.00) for county block distribution for capital projects;
(vi) Twenty million dollars ($20,000,000.00) for loss of revenue from the exemption of food for domestic home consumption from excise taxation. In conjunction with the department of revenue the office of state lands and investments is authorized to distribute funds appropriated under this paragraph monthly for the period beginning July 1, 2008 and ending June 30, 2010 to cities, towns and counties based upon historical data on distributions made to local governments from sales and use tax revenues from sales of food for domestic home consumption, or based upon the industry average calculated by the department, whichever is greater. The "industry average calculated by the department" means the North American Industry Classification System (NAICS) code for 3318 bakeries, 4451 grocers, 4452 specialty foods, 4471 convenience stores, 4521 department stores and 4529 general merchandise.
[CITY AND TOWN DIRECT DISTRIBUTION ALLOCATIONS]
(b) Funds appropriated in paragraph (a)(i) of this section are to be distributed to cities and towns in two (2) equal distributions on August 15, 2008 and on August 15, 2009, subject to the following:
(i) From these distributions each city or town with a population of thirty-five (35) or less shall first receive two thousand five hundred dollars ($2,500.00) and each city or town with a population over thirty-five (35) shall first receive five thousand dollars ($5,000.00). 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 office of state lands and investments as follows:
(A) Calculate the per capita distribution of sales and use tax revenues for the fiscal year beginning July 1, 2006 and ending June 30, 2007 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.
[COUNTY DIRECT DISTRIBUTION ALLOCATIONS]
(c) Funds appropriated in paragraph (a)(ii) of this section are to be distributed to counties in two (2) equal distributions on August 15, 2008 and on August 15, 2009. 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.
[CITY AND TOWN REVENUE CHALLENGED ALLOCATIONS]
(d) Funds appropriated in paragraph (a)(iii) of this section are to be distributed to eligible cities and towns in two (2) equal distributions on August 15, 2008 and on August 15, 2009, 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 period beginning July 1, 2006 and ending June 30, 2007 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.
[COUNTY REVENUE CHALLENGED ALLOCATIONS]
(e) Funds appropriated in paragraph (a)(iv) of this section are to be distributed to eligible counties in two (2) equal distributions on August 15, 2008 and on August 15, 2009. The office of state lands and investments 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 for tax year 2007 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) One million two hundred thousand dollars ($1,200,000.00); plus
(B) The product of the county population from zero (0) to five thousand (5,000) multiplied by one hundred sixty dollars ($160.00); plus
(C) The product of the county population from five thousand one (5,001) to twenty-five thousand (25,000) multiplied by one hundred thirty dollars ($130.00); plus
(D) The product of the county population above twenty-five thousand (25,000) multiplied by one hundred dollars ($100.00).
(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 (0), 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.
[COUNTY BLOCK ALLOCATIONS – CAPITAL PROJECTS]
(f) Funds appropriated in paragraph (a)(v) of this section shall only be expended for the purpose of grants for capital improvement projects and subject to subsection (g) of this section shall be allocated for each county as follows:
(i) To each county an amount equal to one percent (1%) of the total amount appropriated in paragraph (a)(v) of this section; plus
(ii) To each county an amount equal to the remainder of the amount allocated in paragraph (a)(v) of this section multiplied by seventy-five percent (75%) divided by the total state population and multiplied by the county's population; plus
(iii) To each county, an amount equal to the remainder of the amount allocated in paragraph (a)(v) of this section after distributions under paragraphs (i) and (ii) of this subsection, multiplied by each county's inverse per capita assessed valuation factor computed as follows:
(A) Divide each county's tax year 2007 assessed valuation by that county's population to compute county assessed valuation per capita and the total state tax year 2007 assessed valuation by the total state population to compute state assessed valuation per capita;
(B) Divide the state assessed valuation per capita by each county's assessed valuation per capita to compute an inverse ratio for each county;
(C) Sum all the county inverse ratios computed in subparagraph (f)(iii)(B) of this section for a state total inverse ratio;
(D) Divide each county's inverse ratio by the state total inverse ratio to compute each county's inverse per capita assessed valuation factor.
(g) Funds subject to subsection (f) of this section shall only be expended for capital projects including capital projects constructed by special districts. To be eligible for the grants, the board of county commissioners and the governing bodies of the cities and towns within that county that comprise at least seventy percent (70%) of the incorporated population shall certify to the state loan and investment board that they have reached agreement on the projects for which the funds will be used.
(h) For purposes of this section, population is to be determined by resort to the latest decennial federal census as updated by the bureau of census.
(j) Any political subdivision which impedes the establishment of any necessary cellular tower or other equipment site required for the WyoLink interoperable public safety communications system on any property owned by that political subdivision shall not be eligible to receive monies distributed under this section.
[LOCAL GOVERNMENT DISTRIBUTION-III]
Section 325.
(a) There is appropriated ten million dollars ($10,000,000.00) from the general fund to the office of state lands and investments for emergency capital project grants to local governments as determined by the state loan and investment board.
(b) There is appropriated thirty-three million four hundred thousand dollars ($33,400,000.00) from the local government capital construction account for grants to local governments for unfunded or partially funded large capital construction projects under the process set forth in subsection (g) of Sections 320 and 321 of this act or for operating grants as determined by the state loan and investment board:
(i) Of this local government capital construction appropriation one million dollars ($1,000,000.00) may be awarded by the state loan and investment board for the purpose of providing grants to local governments for investment grade energy audits of buildings and operations. Grants pursuant to this paragraph shall be matched by local governments with a contribution of not less than one dollar ($1.00) for each two dollars ($2.00) of the grant amount. If the full one million dollars ($1,000,000.00) allocated is not fully expended by June 30, 2010, the remaining funds shall be expended for unfunded or partially funded large capital construction projects.
[PERSONAL SERVICES - TRANSFERS]
Section 326.
Nonfederal fund appropriations for 100 series personal services contained in this act shall not be transferred to any other series or expended for any purpose other than personal services. Nonfederal fund appropriations for 100 series personal services for the department of corrections shall not be subject to this section.
[BITTER CREEK CLEAN-UP PROJECT]
Section 327.
The department of environmental quality shall expend any unencumbered and unobligated funds available from funds distributed to Wyoming from the abandoned mine land program under W.S. 35‑11‑1201 through 35‑11‑1209 in an amount not to exceed four million five hundred thousand dollars ($4,500,000.00) for phase 1 of the Bitter Creek clean-up project. Funds authorized under this section shall not revert until the project is completed. This section is effective immediately.
[FACULTY ENDOWMENT DECREASE]
Section 328. 2006 Wyoming Session Laws, Chapter 45, Section 1(c)(ii) is amended to read:
(c) There is appropriated from the common school permanent
fund reserve account created by W.S. 9‑4‑713(f) a total of four million two hundred thousand dollars ($4,200,000.00)
three million two
hundred thousand dollars ($3,200,000.00) to be distributed as specified in this
subsection to permit the community colleges and the University of Wyoming to
begin to implement the plan for the excellence in higher education endowment as
submitted by the excellence in higher education endowment committee on October
1, 2005, during the biennium commencing July 1, 2006. The purpose of this
appropriation is to permit the community colleges and university to implement
the plan during the first two (2) years of a three (3) year phase-in period. Of
this appropriation:
(ii) Two million eight hundred
thousand dollars ($2,800,000.00) One million eight hundred thousand dollars
($1,800,000.00) shall be distributed to the University of Wyoming and
shall be expended exclusively for the purposes specified in W.S. 21‑16‑1202(b).
[PUBLIC LIBRARY ENDOWMENT CHALLENGE FUND]
Section 329.
If 2008 Senate File 0029 is enacted into law, then eight hundred thousand dollars ($800,000.00) from the general fund and one million dollars ($1,000,000.00) from the common school permanent fund reserve account created by W.S. 9-4-713(f) is appropriated to fund the Wyoming public library endowment challenge fund account created by that act. The amount appropriated into the endowment challenge fund under this section shall be deposited in equal amounts by the state treasurer into each of the twenty-three (23) separate endowment challenge fund accounts established for the Wyoming public libraries under that act. Any unexpended funds from the amounts deposited under this section shall revert to the budget reserve account on July 1, 2015.
[RAILROAD QUIET ZONE]
Section 330.
The Wyoming department of transportation and the transportation commission shall cooperate with the development of quiet zone projects funded by local governments that include roads under the jurisdiction of the state, provided the proposed quiet zone would conform with the requirements of 49 C.F.R. Part 222, and provided further that the Wyoming department of transportation and the commission shall not impose any greater requirement than provided in 49 C.F.R. Part 222.
[UW – URANIUM RESEARCH CENTER]
Section 331.
The University of Wyoming school of energy resources shall work with other University of Wyoming departments to develop a plan and timeline for establishing a uranium research center within the school of energy research. The center shall focus on developing expertise and outreach in uranium recovery technology, specifically by "in-situ" recovery. The plan shall be submitted to the joint minerals, business and economic development interim committee by October 1, 2008.".
To the extent required: adjust totals; and renumber as necessary. NICHOLAS, JOB, MEIER, PETERSON, TOWNSEND, PHILP, BERGER, JORGENSEN, LUBNAU, SHEPPERSON.