SUMMARY of COMMITTEE SPONSORED BILLS for the 2010 BUDGET SESSION

All of the following, except as specifically noted, have been approved for introduction by a Committee.  Some Committees are still meeting in January, thus not all drafts are in final form.  Nor have all been assigned a House Bill or Senate File number at this time.  If no House Bill or Senate File number appears, the number referenced is the 2010 LSO draft number and some changes may be made to the referenced draft depending on the latest Committee action.  One caveat – this summary has been prepared solely to provide a very quick overview of bills being sponsored by the various committees.  In order to keep the overview short, the summaries are acknowledged to be incomplete and make no attempt to address all aspects of the bills.  The entire bill must be read if a person wishes to know its full contents and effect.

Judiciary

HB 08 Peace officers-court security officer (10LSO-0111).

This bill would amend the definitions of "peace officer" in Title 6 and Title 7 of the Wyoming Statutes to include court security officers employed by the judicial branch, thereby providing protection against assault of such officers and authorizing those officers to perform peace officer duties.

HB 12 Juvenile detention facilities-admissions criteria (10LSO—0064).

This bill would require county sheriffs to approve juvenile detention risk assessment instruments that shall be used by peace officers who detain juvenile offenders to determine the level of detention that may be appropriate for the juvenile under individual circumstances relating to the juvenile and the offense.

HB13 Underage drinking  (10LSO-0067).

This bill would amend the criteria relating to the offense of underage drinking, including persons under the age of 21 years who attempt to, or enter, liquor dispensing rooms or drive-in liquor areas, or who may possess or consume ethyl alcohol.  The bill also retains specified exceptions for those violations and provides a definition of "ethyl alcohol."

HB 17 Carbon sequestration-financial assurances and regulation  (10LSO-0141).

This bill would require fees from applicants for permits to conduct geological (carbon dioxide) sequestration.  The fees would be placed into a special reserve account which shall be used by the Department of Environmental Quality (DEQ) to measure, monitor and verify geological sequestration sites to release bonds and other financial assurances required from site operators.  The bill provides for rule making, penalties, authorization of specified types of financial assurances that will be acceptable, notice to landowners, an appropriation and authorizes a position for the DEQ to fulfill its responsibilities under the act.

SF 08 Medical support of children  (10LSO-0068).

This bill would require divorced parents to provide for the medical support of dependent children in any court order that establishes or modifies a child support order.  The bill also defines terms that affect such medical support requirements.

SF 09 Juvenile detention facilities-standards (10LSO-0065).

This bill would require county sheriffs to develop and implement uniform standards for the operation of juvenile detention facilities and requires sheriffs to report by November 15, 2012 to the Joint Judiciary Interim Committee as to their progress in implementing such standards.

SF 14 Circuit court hearings of municipal violations by juveniles (10LSO-0112)

In the 2009 general session, the Legislature enacted legislation authorizing the district attorney to serve as the single point of entry for all juveniles who are alleged to have committed a crime in a county.  This bill would authorize the district attorney to prosecute violations of municipal ordinances in circuit court to enable a single court to hear all offenses that the juvenile is alleged to have committed.

SF 25 Liens (10LSO-0066).

This bill would reorganize liens statutes to facilitate the understanding of the process for filing notices and enforcing liens.  The bill also would provide sample forms for the various notices and filings that may be required, would amend time frames for the filing of liens and would authorize attorneys fees and costs to the prevailing party in an action to enforce a lien.

Appropriations

HB 72 Wyoming retirement plan contributions-2 (10LSO-243).

This draft addresses contributions to the state retirement plan that most employees (including school and political subdivisions participate in).  It increases the amount of the required "employee contribution" by 1.43% of salary and the "employer contribution" by 1.44%.  For state employees, unless the Legislature makes provision for paying the additional 1.43% "employee contribution" in each budget bill or by other subsequent legislation, the employee would be required to pay the increased contribution.  As in current law, other employers are authorized to pay from 0 to the entire 7% "employee contribution".  The bill has companion options being considered for inclusion in the budget bill, these options are for the State to pay no part of the increased State employee contribution, pay it all for one year or pay it all for two years.  The budget bill companion also provides for the state to pay the employer contribution for state employees and school district employees.

HB 88 Public retirement plans-qualified plan status (10LSO-176).

The Wyoming retirement system is seeking approval from the IRS that the various retirement plans the system operates are "qualified plans" for federal tax purposes.  This bill generally amends provisions to comply with internal revenue code qualified plan requirements.  In doing so it specifies distribution limits and provides for qualified rollovers, amends obsolete provisions and otherwise conforms provisions to federal requirements.

Revenue

HB 29 Taxation of specified digital products (10LSO-195)

This bill would impose the sales and use tax on specified digital products if the purchaser has use, possession and control of the digital product for a period that is greater than the actual play time of the specified digital product.

HB40 Tax increment financing (10LSO-137).

This bill would allow cities to form taxing areas to fund municipal public improvements by the issuance of bonds to be repaid from the taxes collected from the finance area.

SF 16 Property tax-review of assessment (10LSO-173).

This bill would clarify the procedures for a review of a property tax assessment.

SF 17 Statement of consideration (10LSO-157).

This bill would provide that a statement of consideration for residential property is a public document.

Education

HB 41  School finance-distance education (10LSO-0184).

This bill would remove tuition assessed for distance education from consideration as a local resource in determining the amount to be distributed from the foundation account.

HB 48 School finance audits-amendment (10LSO-0186).

This bill would remove the requirement that each school district vocational education program be audited every three years and would allow the auditing of the program in the regular five year cycle applicable to other programs.

HB 55  Elementary foreign language instruction (10LSO-0183).

This bill would repeal the statute requiring instruction in foreign language for kindergarten through second grade.

SF 39 Post secondary education options program (10LSO-0153).

This bill would authorize the community college commission to establish requirements for agreements for dual and concurrent enrollment programs, would require agreements for programs between the school districts and higher education institutions, and would establish reporting requirements related to those programs.  The bill would also require statewide discussions on post secondary education programs with relevant stakeholders to determine certain statewide guidelines for the programs.

SF 41 Teacher shortage loan repayment program (10LSO-0134).

This bill would extend the sunset date of the teacher shortage loan repayment program to June 30, 2016 and supplements the funding to extend the program through the 2011-2012 biennium.

SF 42  School finance-student enrichment instruction (10LSO-0185).

This bill would make supplemental assistance available for the 2010-2011 school year to districts who apply to the department of education in accordance with the criteria established by the department for summer enrichment instruction programs.

Agriculture, State and Public Lands and Water Resources

HB 02 – Veterinarians (10LSO-002).

This bill would modify the veterinarian loan repayment program by expanding the eligibility requirements to graduate veterinarians who are licensed to practice in Wyoming.

SF 03 – Apiary Laws (10LSO-003).

This bill would provide for the department of agriculture to grant certificates for holding yards to hold hives prior to and after returning from pollination in another state.  It would provide for the location of spray yards separate from registered apiary production locations and for variance agreements.  The bill would require latitude and longitude coordinates on new registrations, require setting dates for inspections and provide for export certificates.

SF 07 – Rangeland health assessments (10LSO-006).

This bill would create the rangeland health assessment program to assess the condition of the health of Wyoming grazing lands.  It would provide for the cooperation between the department of agriculture, the University of Wyoming, county governments, federal agencies and private landowners and provide for funding from the federal natural resource policy account.

SF 13 – Economic analysis (10LSO-007).

This bill would provide for the department of economic analysis, in cooperation with other governmental and private agencies, to establish uniform data criteria for the collection, compilation, analysis and distribution of county economic data.

Travel, Recreation, Wildlife and Cultural Resources

HB 09  Illegal stocking of fish (10LSO-0032).

This bill would allow the game and fish commission to sue for civil penalties for the costs of removing illegally stocked fish.  The bill would also allow a judge to take away hunting and fishing privileges from persons convicted of illegally stocking fish.

HB 18 Aquatic invasive species 2 (10LSO-0152).

This bill would establish a program of boat checks to minimize the threat of introduction of aquatic invasive species into Wyoming waters.  The bill also provides for decontamination and seizure of boats when an aquatic invasive species is found.

SF 10 State parks-Bear River State Park (10LSO-0034)

This bill accepts the transfer of 280 acres to be included in the Bear River State Park.

SF 11 State parks-acquisition and disposition of lands (10LSO-0036)

This bill would allow for de minimus acquisitions and dispositions of lands by the department of state parks and cultural resources without legislative approval.

SF12 State parks and historic sites-boundaries and designations (10LSO-0035)

This bill would remove legal descriptions of the boundaries of state parks and historic sites from statutes and give the department of state parks and historic sites authority to state those boundaries through rulemaking.

Corporations, Elections and Political Subdivisions

HB 03  County clerks-fees for mailing lien statement (10LSO-0201).

This bill allows county clerks to charge a fee for mailing lien statements.

HB 05 Insurance-risk based capital revisions  10LSO-0156)

This bill updates risk based capital requirements for insurers to comply with NAIC recommendations.

HB 06 County officials-administrative and fiscal duties (10LSO-0202)

This bill was drafted at the request of the county clerks' association.  The bill repeals the requirement for county clerk's to compile jury list information, provides a timeline for preparation of county annual statements and payment of certain fees and provides for designation of a secretary for county commissioners.

HB 07  Election code revisions (10LSO-0167)

This bill was drafted at the request of the county clerks' association.  The bill makes various amendments to the election code to reflect current practices and allows for auditing of election tabulating equipment.

HB10 Electrical safety-low voltage licensing (10LSO-0043).

This bill repeals a waiver of licensure requirements for cable-TV installers, adds a waiver of licensure for certain lawn sprinkler installers and gives the electrical board authority to set experience requirements for licensure.

HB 15  Electrical Safety and Fire Prevention-revisions (10LSO—0042)

This bill claries the roles of the department of electrical safety and fire prevention, the electrical board and the fire prevention council.  The bill was the result of recommendations by the Management Audit Committee.

SF 04 Special district elections (10LSO-0083)

This bill requires county clerks to oversee special district elections and gives county clerks the authority to determine whether the special district may conduct its own election.

SF 05 Special Districts-public records (10LSO-0075).

This bill requires special districts to maintain public records in an accessible place and to file notice of that place with the county clerk annually.

SF 06 Improvement and service districts (10LSO-0082).

This bill provides for formation of improvement and service districts for limited purposes.

SF 18 Limited Liability companies-revisions (10LSO-0044).

This bill substantially amends Wyoming limited liability statutes to conform to the revised uniform act.

Transportation, Highways and Military Affairs

HB 27   Armed forces license plate fees and distribution  (10LSO-0155).

This bill would require the payment of a $20 application fee to the Wyoming Veteran's Commission for a armed forces special license plate.  The Commission would be responsible for determining eligibility for the license plate and the $20 would be deposited into the Veteran's Commission expendable trust fund.

HB 30    Transportation department authority. (10LSO—0063)

This bill would expand the Department of Transportation's eminent domain authority to include activities related to the erection and preservation of structures reasonably necessary to maintain the safe condition of a highway. Such structures could include snow fences.

SF 22 State active duty medical expense reimbursement (10LSO-0216).

This bill would allow the Military Department to reimburse national guard members serving in state active duty for medical expenses incurred as a result of their service.

SF 35 Tolling authority for I-80 (10LSO-0138).

This bill would require the Department of Transportation and the Transportation Commission to develop a master plan for the implementation of tolling on Interstate 80.  The master plan would have to be submitted to and approved by the Legislature prior to implementation.

Minerals, Business and Economic Development

HB 42 Collection agencies (10LSO-0071).

This bill would amend the collection agencies act, provide for consumer protection in collection transactions and transfer the collection agency program from the collection agency board to the Wyoming Department of Audit.  It would terminate the collection agency board and transfer any remaining funds from the collection agency board to the department of audit.  The bill would define the powers and duties of the banking commissioner, provide license requirements, set exemptions from licensing, set application requirements, license renewals, fees, surety bonds, examinations, records and reports.  It would establish the procedure for suspension or revocation of licenses, orders and penalties.

SF 21 Coal value added facilities-tax exemptions (10LSO-0174).

This bill would modify the sales and use tax exemptions on coal gasification or coal liquefaction to include oxy-combustion or similar advanced coal facilities.

Labor, Health and Social Services

HB 25 Child care development fund (10LSO—0047).

This bill would put in place new formulas under the Child Care Development Fund for family eligibility and for calculation of the family contribution toward child care expenses.  It would also authorize use of federal stimulus funds for an electronic benefit transfer system and for supply and materials grants to child care providers.

HB 26 Medical review panel (10LSO-0049).

This bill would make the proceedings of the medical review panel inadmissible in subsequent litigation, would require the plaintiff's expert endorsement to be filed with the panel only after the defendant's answer is filed, would assess the State's costs of panel review to one of the parties in some cases based upon the outcome of subsequent litigation and would require the results of subsequent litigation to be reported to the panel.

SF 23 Unemployment compensation amendments (10LSO-0116).

This bill would make the unemployment compensation program compliant with federal requirements by amending the definition of "casual labor," by repealing two unauthorized exceptions to the definition of "wages" and by repealing the exclusion of private duty nursing from covered employment.  The bill also: clarifies the benefit disqualification period following a false claim; authorizes voluntary reimbursement agreements for employees and employers; applies general contractor liability provisions to property owners acting as their own general contractors; clarifies consolidation of accounts following a business acquisition; makes potential forfeiture of the substitute payment privilege applicable to all employers; deletes the requirement of proving willful failure to make reports or payments before finding a corporate officer or director individually liable for the failure to report or pay; deletes the dollar threshold for bonding requirements in favor of the threshold established by the Industrial Siting Council; and authorizes an exception to confidentiality provisions to allow publication of the identity of state agency employers in statistical analyses of state payroll and employment.

SF 32 Wyoming investment in nursing extension (10LSO-0117).

This bill would extend the sunset date of the Wyoming Investment in Nursing Program from 2011 to 2015 and would appropriate $2.6 million for the second year of the FY2011-2012 biennium. 

Select Committee on Mental Health and Substance Abuse Services

HB 04 Criminal procedure-time limits for competency evaluations (10LSO-0055).

This bill would amend the time periods for completion of competency evaluations of persons accused of crimes who may be mentally ill.  The bill provides procedures for the courts, prosecutors, defense attorneys and the examiners to follow, including providing relevant information and requiring periodic reports if the evaluation cannot be completed within a 90 day period.

SF 15 Title 25 revisions (10LSO-0054).

This bill would amend definitions relating to "mental illness" and "mentally ill" to clarify that persons who are unable to satisfy basic needs as a result of mental illness may be detained under emergency conditions or involuntarily hospitalized.  The bill also specifies services that can be considered treatment, clarifies liability for costs of emergency detentions, specifies responsibility for transportation of a detainee, patient or discharged person and authorizes, but does not require, counties to establish a single point of responsibility for treatment of emergency detainees.

Select Committee on Capital Financing and Investments

The Select Committee reviewed, but determined not to sponsor any legislation this session.

Select School Facilities Committee

HB 56   Bonded indebtedness mill levy supplement (10LSO-0046).

This bill would specify that the mill levy supplement will not apply to any bond refunded on or after April 1, 2010.

SF 46  School facilities-charter schools (10LSO-0045).

This bill would require school districts to include the facilities of a charter school within its district facilities plan and within its building and facility needs if the charter school meets certain requirements including operation within the district for not less than five years and meeting required academic goals and conditions.

Select Water Committee

HB 46 Omnibus water bill-planning (10LSO-203).

The bill contains the annual authorization for Level I and Level II water development studies and provides appropriations therefor.  Please see the bill for the numerous appropriations it contains.

SF 29  Omnibus water bill-construction (10LSO-204).

The bill contains the annual authorization for the Level III construction of water projects which have previously completed the Level I and Level II stages.  Please see the bill for the numerous appropriations it contains.