ADOPTED HOUSE AMENDMENTS

ADOPTED HOUSE AMENDMENTS

FRIDAY, FEBRUARY 13, 2009

HB0001H3002/A

[BUDGET AFFECTED]

Budget(s): 001. Governor's Office

(Tribal Liaison)

* * * * * * * * * *

Page 6-line 7 Before "Tribal" insert "Governor's"; after "Liaison" insert "3.".

Page 6-after line 32 Insert:

"3. The Governor's office shall provide to the employees of the Governor's Tribal Liaison function office space, telephone service and internet access with state email system service.".

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

HB0001H3003/A

[BUDGET AFFECTED]

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

(Cultural Resources)

* * * * * * * * * *

Page 12-line 11 After "1." insert ", 2."; Under GENERAL FUND increase amount by "20,000".

Page 12-After line 27 Insert:

"2. Of this general fund appropriation twenty thousand dollars ($20,000.00), or as much thereof as necessary, shall only be expended for cleaning, restoration, conservation and protection of the four (4) Gollings paintings displayed in the House and Senate chambers.".

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

HB0001H3006/AC CORRECTED

(CORRECTED COPY)

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration: Section 026. Department of Workforce Services (Administration)

Other Budget(s) Affected: Section 085. Wyoming Business Council

(Business Ready Communities)

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

Page 5-line 1 After "024," insert "026,".

Page 13-line 1 Insert:

" GENERAL FEDERAL OTHER TOTAL

APPROPRIATION FUND FUND FUNDS APPROPRIATION

FOR $ $ $ $

Section 026. Department of Workforce Services

PROGRAM

Administration 1., 2. ,3. ~~18,500,274~~ 21,790,238 5,527,875 SR

18,865,274 4,400 AG ~~45,822,787~~

46,187,787

Vocational Rehabilitation 4,899,658 26,510,000 1,189,081 SR

333,535 AG

264,935 EF 33,197,209

_____________ _____________ _____________ _____________

TOTALS ~~23,399,932~~ 48,300,238 7,319,826 ~~79,019,996~~

23,764,932 79,384,996

AUTHORIZED EMPLOYEES

Full Time 272

Part Time 0

TOTAL 272

1. Of this general fund appropriation, six hundred fifty thousand dollars ($650,000.00) for the business training and outreach program is effective immediately.

2. The department shall develop policies to ensure that funds appropriated for the business training and outreach program are distributed on a prioritized needs basis.

3. Of this general fund appropriation, three hundred sixty-five thousand dollars ($365,000.00) shall only be expended for the purposes of providing business planning assistance and advice regarding available financial services to Wyoming childcare providers. These funds shall only be used to contract with any contractor who has demonstrated the ability to analyze childcare financing projects, can provide targeted business development assistance, has knowledge of other sources of public and private financing for childcare providers, agrees to pursue quality early childhood care as defined by the department and has knowledge of childcare and early childhood education development, improvement and financing. Any additional funding for Wyoming childcare providers shall come from a nonstate source provided by contractors meeting the requirements herein. The contractors shall provide nonstate funds to be used as a revolving loan fund accessible to Wyoming providers of not less than five hundred thousand dollars ($500,000.00) to enhance and expand childcare and early childhood education.".

Page 31-line 21 Under GENERAL FUND decrease amount by "365,000".

To the extent required by this amendment: adjust totals; and renumber as necessary. DAVISON, THRONE, WALLIS

HB0001H3010/A

[BUDGET AFFECTED]

Budget(s): [CAPITAL CONSTRUCTION]

Section 006. Administration & Information

(Department of Health-Pioneer Home)

(Dept. of Family Services-WY Girls School)

* * * * * * * * * *

Page 36-line 33 Under GENERAL FUND decrease amount by "5,767,900"; Under OTHER FUNDS increase amount by "5,767,900 T1".

Page 37-line 3 Under GENERAL FUND decrease amount by "4,514,474"; Under OTHER FUNDS decrease amount by "4,514,474 TO"; Under OTHER FUNDS increase amount by "9,028,948 T1".

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

HB0001H3011/A

(CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s): [339. AML FUNDING]

* * * * * * * * * *

Delete the Craft et al., second reading amendment (HB0001H2008/A) entirely.

Further amend as follows:

Page 53-line 11 After "(i)" delete balance of line.

Page 53-line 12 Delete the line through "($29,910,131.00)" insert "Twenty-nine million eight hundred forty-five thousand one hundred thirty-one dollars ($29,845,131.00)".

Page 54-After line 16 Insert:

"(x) Sixty-five thousand dollars ($65,000.00) to the department of environmental quality to contract for a structural engineer to assess damages to homes located in Sweetwater County reported to be impacted by dynamic compaction. Assessments under this paragraph shall be completed within sixty (60) days of retaining the structural engineer. The department of environmental quality shall consult with the construction management division of the department of administration and information before selecting a structural engineer under this paragraph.".

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

HB0001H3014/A

[BUDGET AFFECTED]

Budget(s): Addition to 300 Sections

* * * * * * * * * *

Page 61-After line 8 Insert the following new section and renumber as necessary:

"[SELECT COMMITTEE ON WIND ENERGY]

Section 345.

(a) There is created a select committee on wind energy consisting of the following members:

(i) Seven (7) members of the Wyoming senate, appointed by the president of the senate, including one (1) at-large member, and two (2) members from each of the following committees:

(A) The joint minerals, business and economic development interim committee;

(B) The joint corporations, elections and political subdivisions interim committee; and

(ii) Seven (7) members of the Wyoming house of representatives, appointed by the speaker of the house, including one (1) at-large member, and two (2) members from each of the following committees:

(A) The joint minerals, business and economic development interim committee;

(B) The joint corporations, elections and political subdivisions interim committee; and

(iii) Not more than four (4) senators and four (4) representatives shall be from the same political party.

(b) The select committee members shall select a chairman and vice-chairman from among their membership.

(c) The committee shall study the following, as they relate to regulation and taxation of the wind energy conversion industry:

(i) Statutes relating to the authority of the industrial siting division of the department of environmental quality;

(ii) Statutes relating to the authority of the public service commission;

(iii) Statutes related to county zoning authority;

(iv) Any relevant federal statutes that may preempt or limit state or county authority; and

(v) Other issues relating to the wind energy conversion industry the committee may determine to be relevant, including the appropriate agency, or agencies as may be necessary, to regulate the industry, how such regulation of the industry should be funded, the process for decommissioning of facilities and wind generation tax policies, avoiding duplication of conflicting requirements and effects on state trust lands.

(d) The select committee shall submit its recommendations, including proposed legislative changes, to the legislature and the governor no later than November 1, 2009 for consideration by the legislature in the 2010 budget session with respect to the issues specified in subsection (c) of this section.

(e) The select committee shall terminate December 31, 2009.

(f) There is appropriated twenty-five thousand dollars from the general fund to legislative service office to implement the purposes of this section. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.". SIMPSON, CARSON, ESQUIBEL, K., ILLOWAY

HB0001H3015/AC CORRECTED

(CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s): Addition to 300 Sections

* * * * * * * * * *

Page 61-After line 8 Insert the following new section and renumber as necessary:

"[PROPERTY TAX RELIEF]

Section 345.

(a) Subject to subsection (f) of this section, a person who occupies a specified dwelling is entitled to a tax exemption as provided by subsection (d) of this section. Not more than one (1) tax exemption shall be allowed on the same piece of property during any year.

(b) A person who wishes to claim an exemption under this section shall file a sworn statement on or before the fourth Monday in May, 2009 on the form provided by the department of revenue and mailed to the applicant by the county assessor with an annual assessment of the property for tax purposes. False claims by an applicant are punishable as provided in W.S. 6‑5‑303. The applicant shall swear or affirm that:

(i) At the time of claiming the exemption he is the owner of the dwelling and it is his primary residence;

(ii) He has not claimed a tax exemption in any other state or in any other county in Wyoming for that calendar year;

(iii) The dwelling has been occupied by the applicant since the beginning of the calendar year.

(c) The county treasurer shall collect from the property owner the amount of the tax due less any tax exemption under this section. On or before September 1, 2009, county assessors shall certify the exemptions granted pursuant to this section to the department. On or before October 1, 2009 the state treasurer shall reimburse each county treasurer for the amount of taxes which would have been collected if the exemption under this section had not been granted. The county treasurer shall distribute to each governmental entity the actual amount of revenue lost due to the tax exemption.

(d) The exemption under subsection (a) of this section is four thousand dollars ($4,000.00) of assessed value of the dwelling not to exceed fifty percent (50%) of the assessed value of the dwelling.

(e) Every person holding an escrow for the payment of taxes on property owned by another shall notify the owner of the property of the amount of the exemption allowed to the owner under this section on or before October 1, 2009.

(f) The exemption authorized by this section is allowed for taxes assessed and levied during the 2009 calendar year. In adopting this method of exemption of property taxes and providing that no local government shall incur any loss of property tax revenue under subsection (c) of this section, any bond issues or other matters relying upon the assessed value of a local government for computation shall be predicated upon the assessed value of the local government before computation of the tax exemption under this section.

(g) As used in this section:

(i) "Applicant" means:

(A) A person who occupies and owns a homestead either solely or jointly with his spouse;

(B) A person who occupies a homestead as a vendee in possession under a contract of sale;

(C) A person who occupies a homestead owned by a corporation primarily formed for the purpose of farming or ranching if the person is a shareholder or is related to a shareholder of the corporation; or

(D) A person who occupies a homestead owned by a partnership primarily formed for the purpose of farming or ranching if the person is a partner or is related to a partner in the partnership.

(ii) "Dwelling" means a house, trailer house, mobile home, transportable home or other dwelling place.

(h) There is appropriated thirty-six million two hundred thousand dollars ($36,200,00.00) from funds appropriated to the capitol building rehabilitation and restoration account created by 2008 Wyoming Session Laws, Chapter 123, to the state treasurer. This appropriation shall be for the period beginning with the effective date of this act and ending December 31, 2009. This appropriation shall only be expended for the purposes of this section. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on December 31, 2009.".

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

HB0001H3016/A

[BUDGET AFFECTED]

Budget(s): 048. Department of Health

(Preventive Health and Safety)

* * * * * * * * * *

Page 19-line 18 Under OTHER FUNDS increase amount by "495,000 TT".

To the extent required by this amendment: adjust totals; and renumber as necessary. ESQUIBEL, K., BONNER, CONNOLLY, MCOMIE

HB0001H3022/A

[BUDGET AFFECTED]

Section: 040. Game and Fish Commission

(Wolf Management)

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

Page 16-line 9 Under GENERAL FUND decrease amount by "1,100,000".

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

HB0001H3023/A

[BUDGET AFFECTED]

Budget(s): 057. Community College Commission

(Public Television)

* * * * * * * * * *

Page 25-line 18 Under GENERAL FUND increase amount by "75,000".

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

HB0001H3024/A

[BUDGET AFFECTED]

Budget(s): 048. Department of Health

(Hlth Care Fncg)

* * * * * * * * * *

Page 19-line 9 After "11." insert ", 13.".

Page 22-After line 27 Insert:

"13. If estimates on June 1, 2009, establish that general fund expenditures by the Medicaid program will not exceed this combined general fund and federal fund appropriation for the fiscal biennium, the department of health shall increase medical reimbursements for primary care provided in fiscal year 2010 by an amount not to exceed two million dollars ($2,000,000.00) or to the total of this general fund and federal fund appropriation, whichever is less. The increase may be by CPT codes, by type of provider, or both. Increased reimbursement for primary care under this footnote shall include office visits, consultative service and medical home services by physicians, physician assistants and advanced nurse practitioners. Primary care under this footnote shall not include, surgical, radiological or invasive diagnostic procedures, except blood tests.".

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

HB0001H3025/A

[BUDGET AFFECTED]

Budget(s): 048. Department of Health

(Developmental Disabilities)

* * * * * * * * * *

Page 19-line 21 After "Disabilities" insert "13.".

Page 22-after line 27 Insert:

"13. The division of developmental disabilities shall research various assessment methods used to determine funding levels necessary to provide services for individuals with the dual diagnosis of developmental disability and mental illness eligible under the current home and community based waiver program for adults administered by the division of developmental disabilities. The division shall report findings of the research including a description of the various assessment methods and the resulting funding costs associated with those assessment methods to the joint appropriations interim committee, the joint labor, health and social services interim committee, and the governor not later than October 31, 2009.".

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

HB0001H3026/AC CORRECTED

(CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s): Section 339. [AML FUNDING]

* * * * * * * * * *

Page 55-line 5 Delete and insert "(iii) One million five hundred thousand dollars ($1,500,000.00)".

Page 55-line 6 After "center" delete ";" insert ". The School of Energy Resources under the direction of the University of Wyoming Energy Resources Council and in consultation with the Wyoming mining industry may develop:

(A) A research program for uranium under the School of Energy Resources at the University of Wyoming. This program shall focus on optimizing the economic recovery of the resource;

(B) A program at the school focusing on technology transfer which would help industry with access to and application of existing in situ recovery processes. The program shall be designed to promote research and technology transfer efforts;

(C) A database which would include existing published information and future data contributions concerning uranium exploration, development and production;

(D) A research program which would focus on future production of uranium resources in Wyoming; and

(E) Other nuclear and uranium programs as identified by the Energy Resources Council.".

Page 55-line 23 After "(e)" insert "Except for funds under subsection (c)(iii) of this section,".

Page 55-line 24 After "2010." insert "Funds appropriated under subsection (c)(iii) of this section shall be for the period beginning with the effective date of this section and ending June 30, 2011.".

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

HB0001H3027/A

[BUDGET AFFECTED]

Budget(s): Addition to 300 Sections

* * * * * * * * * *

Page 61-After line 8 Insert the following new section and renumber as necessary:

"[WATER DEVELOPMENT ACCOUNT I FUNDING]

Section 345.

(a) The state auditor is authorized to transfer to water development account I created by W.S. 41-2-124 six million dollars ($6,000,000.00) in unencumbered unobligated general fund appropriations that would otherwise revert to the budget reserve account. Funds shall be transferred under this section only after the full three million six hundred fifty thousand dollars ($3,650,000.00) has been repaid to the mineral severance tax distribution account as specified in section 345 of section 4 of this act. The auditor shall make the transfer as provided in this section to the extent reverted funds are available.

(b) For purposes of this section, the state auditor may utilize reversions from any fiscal period prior to the current fiscal biennium from any agency or program.". ANDERSON, R., PHILP

HB0001H3028/A

[BUDGET AFFECTED]

Budget(s): Addition to 300 Sections

[STATE SPENDING-CONTINGENCY REDUCTION]

* * * * * * * * * *

Page 61-After line 8 Insert the following new section and renumber as necessary:

"[STATE SPENDING-CONTINGENCY REDUCTION]

Section 345.

(a) On or before May 5, 2009, each state entity receiving state funds shall submit to the governor a plan to operate with a reduction of five percent (5%) in state funds and a plan to operate with a reduction of ten percent (10%) in state funds from the amounts provided in each entity's budget in 2008 Wyoming Session Laws, Chapter 48, Section 2, as amended by this act. The plans shall be drafted in accordance with the following:

(i) The reductions shall be sustainable, allowing the entity to operate under the reduced funding levels in the 2011-2012 biennium and beyond;

(ii) Specific functions shall be identified for reduction or elimination rather than "across the board" reductions;

(iii) The reduction shall continue to allow an increase in employee salaries in fiscal year 2010 of four percent (4%) above the levels provided in the 2009 fiscal year;

(iv) Elimination of vacant positions or reductions in positions by attrition may be included, but plans shall avoid displacing employees;

(v) Plans may consider and acknowledge potential loss of federal funding accompanying the state funding reduction, but any such potential loss shall not be the basis for not taking an action to operate under reduced funding.

(b) As used in this section "state entity" means an office, department, board, commission, authority, instrumentality, institution, or other operating unit of the executive or judicial department of state government and includes the University of Wyoming and each community college.".

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

HB0001H3029/A

[BUDGET AFFECTED]

Budget(s): Addition to 300 Sections

* * * * * * * * * *

Page 61-After line 8 Insert the following new section and renumber as necessary:

"[MINERAL SEVERANCE TAX DIVERSION]

Section 345. For the period commencing July 1, 2009 until June 30, 2010, W.S. 39-14-801(b) is amended to read:

39-14-801. Severance tax distributions; distribution account created; formula.

(b) Before making distributions from the severance tax distribution account under subsections (c) through (e) of this section, an amount equal to two-thirds (2/3) of the amount of tax collected under W.S. 39-14-104(a)(i) and (b)(i) and 39-14-204(a)(i) for the same period shall be deposited into the permanent Wyoming mineral trust fund, except that for the fiscal year commencing July 1, 2009, from the funds which would otherwise be deposited into the permanent Wyoming mineral trust fund under this subsection, the first one hundred million dollars ($100,000,000.00) shall be deposited to the legislative stabilization reserve account. Funds deposited to the legislative stabilization account pursuant to this subsection shall not be expended without legislative enactment amending this subsection and absent such enactment shall be transferred to the permanent mineral trust fund on April 1, 2010.".

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

SF0019H2001/AE

[TO ENGROSSED COPY]

Page 2-line 6 Delete "agent" insert "legally designated representative". BUCHANAN

SF0025H2001/A

Page 1-line 2 Delete "assault" insert "offense".

Page 1-line 4 Delete "conforming language" insert "repealing a similar provision".

Page 1-line 9 Delete "6-2-310(a) and (b) and".

Page 1-line 10 Delete "are" insert "is".

Page 1-lines 12 through 17 Delete entirely.

Page 2-lines 1 through 14 Delete entirely.

Page 2-line 21 Strike "W.S.".

Page 2-line 22 Strike "6-2-314 through 6-2-318" insert "an offense under this article".

Page 2-line 23 Delete "a sexual assault" insert "the charged offense".

Page 3-after line 19 Insert:

"Section 2. W.S. 6-2-310 is repealed.".

Page 3-line 21 Delete "2." insert "3.". STUBSON

SF0031H2001/ACE CORRECTED

(CORRECTED COPY)

[TO ENGROSSED COPY]

Page 1-line 3 After "vaccinations;" insert "modifying compensation rates;".

Page 2–line 3 After "Wyoming." insert "Compensation under this program for all purposes except mandatory testing shall be pursuant to the terms of a livestock herd plan that has been entered into between the livestock producer and the Wyoming state veterinarian.".

Page 2–line 7 Strike "three dollars and fifty cents ($3.50)" insert "one dollar and fifty cents ($1.50)". SEMLEK