ADOPTED SENATE AMENDMENTS

 

TUESDAY, MARCH 03, 2009

 

HB0001JC01/A

 

HB0001JC01/

 

 

Adopt the following House amendments:

HB0001H2004/AC

HB0001H2005/A

HB0001H2015/A

HB0001H2017/A

HB0001H3003/A

HB0001H3016/A

HB0001H3022/A

HB0001H3023/A

 

Adopt the following Senate amendments:

SF0001S2010/A

SF0001S2018/A

SF0001S2019/AC

SF0001S3010/A

SF0001S3020/A

SF0001S3021/A

 

 

Delete the following House amendments:

HB0001H2008/A

HB0001H2010/A

HB0001H2012/A

HB0001H3002/A

HB0001H3006/AC

HB0001H3010/A

HB0001H3011/A

HB0001H3014/A

HB0001H3015/AC

HB0001H3024/A

HB0001H3025/A

HB0001H3026/AC

HB0001H3027/A

HB0001H3028/A

HB0001H3029/A

 

 

 

Delete the following Senate amendments:

SF0001S2005/A

SF0001S2011/A

SF0001S2013/A

SF0001S2022.01/AC

SF0001S2024/A

SF0001S2025/A

SF0001S2031/A

SF0001S2032/A     

SF0001S3003/A

SF0001S3009/A

SF0001S3011/A

SF0001S3013/A

SF0001S3014/A

SF0001S3018/A

SF0001S3019/A

SF0001S3022/A

SF0001S3024/A

SF0001S3025/A

 

 

Further amend as follows:

 

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

 

Page 19-line 23    Under GENERAL FUND increase amount by "100,000".

 

Page 21-line 16    After "personnel" insert ", and one hundred thousand dollars ($100,000.00)  shall be expended by the Wyoming senior services board for compensation of senior center employees.  This one hundred thousand dollars ($100,000.00) shall not be distributed pursuant to the existing funding distribution model but shall be distributed to centers according to a reasonable and fair distribution formula to equalize wages for employees performing similar functions based upon published occupational wage information by the department of employment and other information submitted to the department of employment as determined by the Wyoming senior services board".

 

Page 22-after line 27   Insert:

 

"13.  The division of developmental disabilities and division of mental health and substance abuse shall research science-based best practices for providing services to individuals with a diagnosis of both developmental disability and mental illness who are eligible under current home and community-based waiver programs for adults administered by the division of developmental disabilities.  The divisions shall report the findings of the research under this footnote, including a description of the best practices and recommendations for improving services to clients with a dual diagnosis, to the joint appropriations interim committee, the labor, health and social services interim committee and the governor not later than October 31, 2009.  The divisions' report shall include an analysis of how to use existing resources more efficiently and, if deemed necessary, recommendations for additional funding which may be required for delivery of services to individuals diagnosed with both developmental disability and mental illness using the preferred assessment methodology in the department's 2011-2012 biennial budget request.".

 

Page 36–line 16    After "4." insert ", 6.".

 

Page 37-line 3     Under General Fund decrease by "3,000,000"; under Other Funds decrease by "4,514,474 T0"; increase by "7,514,474 T1".

 

Page 38–after line 13   Insert:

 

"6.  (a)  There is created the state office building exterior legislative oversight committee.  The state office building exterior legislative oversight committee shall review the exterior plan of the state office building.  The state office building exterior legislative oversight committee shall consist of:

 

(i)  Three (3) members of the senate selected by the president of the senate, with one (1) member to be from the senate appropriations committee;

 

(ii)  Three (3) members of the house of representatives selected by the speaker of the house of representatives, with one (1) member to be from the house appropriations committee.

 

(b)  The department of administration and information and the state building commission shall report regularly to the state office building exterior legislative oversight committee on the plans for the exterior of the state office building and shall consult with the committee prior to making a final decision on the exterior of the building.".

 

Page 41-line 2     After "303" insert ",311".

 

Page 41-line 11    Delete new language.

 

Page 41-line 12    Delete.

 

Page 41-line 13    Delete new language and insert "one billion seven hundred fourteen million six hundred seventy-eight thousand two hundred forty-eight dollars ($1,714,678,248.00)".

 

Page 46-after line 6    Insert:

 

"(h)  Up to one million dollars ($1,000,000.00) of any additional general or federal funding that becomes lawfully available as a result of increases to the federal medical assistance percentages, or other Medicaid federal funding increases under the American Recovery and Reinvestment Act of 2009 or other federal legislation, shall be used to reduce to the extent possible the developmentally disabled children's waiver program waiting list.".

 

Page 50-after line 22   Insert:

 

     "(h)  Not later than October 1, 2009, the governor shall report to the joint appropriations interim committee on an analysis of the state's employee health care benefits in comparison to representative private sector programs available in Wyoming.

 

[BUDGET REDUCTION AUTHORITY - REVENUE SHORTFALL]

 

Section 311.

 

The governor shall review all agency budgets and expenditures every six (6) months. If the governor determines during the review that the probable receipts for the next six (6) month period from taxes or other sources of revenue for any fund or account will be less than were anticipated, and if the governor determines that these receipts plus existing revenues in the fund or account, which are available for the next six (6) month period will be less than the amount appropriated, the governor, within sixty (60) days after reviewing the budget, shall give notice to the state agencies concerned and reduce the amount appropriated to prevent a deficit.  This section shall apply to all appropriations in this act and to those in 2008 Wyoming Session Laws, Chapter 48, regardless of whether the appropriation is for a specified project or purpose, including but not limited to capital construction projects.  This section shall apply whether the appropriation is to be expended directly by an agency or is made to an agency for distribution to another entity.  As used in this section "agency" includes an authority, board, commission, council, department, institution, instrumentality, office and other separate operating agency or unit of the executive and judicial department of state government and includes the University of Wyoming and each community college.".

 

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

 

"[AMERICAN RECOVERY AND REINVESTMENT ACT]

 

Section 345.

 

(a)  Funds provided to the state pursuant to the American Recovery and Reinvestment Act of 2009 shall be subject to the following:

 

(i)  Funds provided directly or indirectly to a state agency shall only be expended in accordance with the requirements of the B-11 process as authorized by W.S. 9‑2‑1005(b)(ii).  These funds shall not be included in any agency’s 2011-2012 standard biennial budget request;

 

(ii)  All other funds provided to the state, or to be provided to political subdivisions or other entities through the state or a state agency, may be distributed for expenditure as provided in the act only upon approval of the governor;

 

(iii)  All funds received by the state from the federal government under the act which are not expended pursuant to paragraph (i) or (ii) of this subsection shall be deposited into a legislative economic stimulus account.

 

(b)  The governor shall promptly report to the joint appropriations interim committee and the management council all funds made available to the state under the act, specifying:

 

(i)  All funds subject to expenditure or distribution pursuant to paragraph (a)(i) of this section;

 

(ii)  All funds subject to expenditure or distribution pursuant to paragraph (a)(ii) of this section;

 

(iii)  For any funds not subject to expenditure or distribution under paragraph (a)(i) or (ii) of this section, the purposes for which funds are made available, requirements for expenditure, the date by which the funds must be expended and any condition the governor recommends be imposed upon any expenditure.

 

(c)  Each city, town or county in this state receiving funds under the act directly from the federal government shall report on or before December 1, 2009 to the governor and the joint appropriations interim committee all funds received under the act which were not reported pursuant to subsection (b) of this section.

 

(d)  As used in this section:

 

(i)  "Act" means the federal American Recovery and Reinvestment Act of 2009;

 

(ii)  "State agency" means the state of Wyoming or any of its branches, agencies, authorities, departments, boards, commissions, councils, instrumentalities, office, separate operating agencies or units, or institutions, including the university and community colleges.

 

[TASK FORCE ON WIND ENERGY]

 

     Section 346.

 

(a)  Provided the management council does not assign the issue of wind energy to a standing committee as a 2009 interim topic, there is created a task force on wind energy consisting of the following members:

 

(i)  Three (3) members of the Wyoming senate, appointed by the president of the senate;

 

(ii)  Four (4) members of the Wyoming house of representatives, appointed by the speaker of the house;

 

(iii)  Two (2) members from the public-at-large appointed by the governor;

 

(iv)  Not more than two (2) senators and three (3) representatives shall be from the same political party.

 

(b)  The task force members shall select a chairman and vice-chairman from among their membership. The task force shall be staffed by the legislative service office.  State agencies shall provide information and assistance to the task force as requested.

 

(c)  The task force 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 task force 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 task force 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 task force shall exist until December 31, 2009.  Members of the task force who are not state employees or legislators shall not receive a salary but shall receive reimbursement for mileage and per diem expenses at the rate provided for legislators under W.S. 28‑5‑101.  Members of the task force who are legislators shall be paid salary, per diem and mileage as provided in W.S. 28‑5‑101 for their official duties as members of the task force.

 

(f)  There is appropriated from the general fund:

 

(i)  Ten thousand five hundred dollars ($10,500.00) to the legislative service office for payment of salary, per diem and mileage for legislative task force members;

 

(ii)  Two thousand dollars ($2,000.00) to the governor's office for payment of authorized per diem and mileage for nonlegislative task force members.

 

[WATER DEVELOPMENT ACCOUNT - APPROPRIATION]

 

Section 347.

 

There is appropriated from the general fund three million dollars ($3,000,000.00) to water development account I.

 

[MINERAL SEVERANCE TAX DIVERSION]

 

     Section 348.  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 2010 these funds shall be deposited as follows:

 

(i)  Fifty percent (50%) to the permanent Wyoming mineral trust fund; and

 

(ii)  Fifty percent (50%) to the permanent Wyoming mineral trust fund reserve account created by W.S. 9‑4‑719(b).".

 

To the extent required adjust totals; and renumber as necessary.

 

NICHOLAS, MASSIE, MEIER, PETERSON, TOWNSEND, BERGER, BUCHANAN, JORGENSEN, PEDERSEN, PHILP

 

HB0061S3001/AE

[TO ENGROSSED COPY]

 

Page 18-after line 14   In the Decaria Second Reading Amendment (HB0061S2001/AE) to this line delete "2008" insert "2009".  DECARIA

 

 

HB0061S3002/AE

 

[TO ENGROSSED COPY]

 

Page 1-line 6      Delete "an effective date" insert "effective dates".

 

Page 18-line 10    Delete the Decaria second reading amendment (HB0061S2001/AE) to this line; delete "Any" insert "Except as provided in sections 3 and 4 of this act, any".

 

Page 18–after line 14   Insert:

 

"Section 4. (a) Notwithstanding section 2 of this act, if 2009 House Enrolled Act 75, being original House Bill 0297, is enacted into law, the amendment of W.S. 6-2-501(b) made by that act shall not be effective and W.S. 6-2-501(b) is amended to read:

 

6-2-501. Simple assault; battery; penalties.

 

(b) A person is guilty of battery if he unlawfully touches another in a rude, insolent or angry manner or intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force.

 

(b)  This section shall not be effective if 2009 House Enrolled Act 75, being original House Bill 0297, is not enacted into law.".

 

Page 18-lines 16 through 19  Delete entirely including the Decaria second reading amendment (HB0061S2001/AE) to these lines and insert:

 

     "Section 5.  (a) Section 4 of this act is effective July 1, 2009, subject to the provisions of that section.

 

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

 

HB0144S3001/AE

[TO ENGROSSED COPY]

 

Page 1-line 11     Delete "and".

 

Page 1-line 12     Delete "28-11-501".  NICHOLAS

 


 

HB0191S3001/AE

 

[TO ENGROSSED COPY]

 

Page 2-line 23     In the Senate Standing Committee Amendment (HB0191SS001/AE) to this line, after "facilities" insert "access".  LANDEN

 

 

HB0211S3001/AE

 

[TO ENGROSSED COPY]

 

Page 2–line 3      After "truck" insert ", motorcycle".

 

Page 2–line 10     After "truck" insert ", motorcycle".  BURNS

 

 

HB0211S3002/AE

 

[TO ENGROSSED COPY]

 

Delete the Burns Third Reading Amendment (HB0211S3001/AE) entirely and further amend as follows:

 

Page 2–line 3      After "truck" insert ", motorcycle, handicapped motorcycle,".

 

Page 2–line 10     After "truck" insert ", motorcycle, handicapped motorcycle,".  BURNS

 

 

HB0239S3001/AE

 

[TO ENGROSSED COPY]

 

Page 2-line 5      Delete the Senate Standing Committee Amendment (HB0239SS001/AE) to this line and further amend as follows:  after "planning" insert "and investigating economic viability and funding options".  COE

 

 

HB0298S2001/AE

 

[TO ENGROSSED COPY]

 

Page 25-line 10    After "assistants" delete balance of line and insert ".  However, a physician shall be limited to the supervision of three (3) or fewer physician assistants only for good cause specific to the circumstances of that individual".

 

Page 25-lines 11 and 12      Delete.

 

Page 25-line 13    Delete "up".  SCOTT, MARTIN

 

 

SF0021JC01/A

SF0021JC01/

TO ENGROSSED COPY

 

 

Delete the following House amendments:

 

SF0021H3001/AE

SF0021HS001/ACE

 

 

Further amend the ENGROSSED COPY as follows:

 

 

Page 2–line 18     After "submitted" insert ", at least sixty (60) days prior to the submittal of the application for the subdivision permit".

 

Page 2–line 22     After "within" insert "the boundaries of".

 

Page 3–line 1      After "shall" delete balance of line and insert "include a review and recommendations from the irrigation district regarding the attached water rights and the irrigation district's easements.".

 

Page 3–lines 2 and 3    Delete.

 

Page 3–line 4      Delete through "."; delete "between" insert "with".

 

Page 3–line 5      Delete.

 

 

 

Page 3–line 6      Delete through "works," insert "irrigation district's recommendations,".

 

JENNINGS, COOPER, MEIER, LANDON, STEWARD, STUBSON

 

SF0053JC02/A

SF0053JC02/

TO ENGROSSED COPY

 

Delete the following House amendments:

SF0053HS001/AE

SCHIFFER, JENNINGS, MARTIN, ANDERSON, R., GOGGLES, MILLER

 

SF0061JC01/AA

SF0061JC01/

TO ENGROSSED COPY

 

Adopt the following House amendments:

SF0061HS001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 2-line 23     Delete "domiciles" insert "residences".

 

ROSS, HUNNICUTT, SESSIONS, GINGERY, QUARBERG, THRONE