ADOPTED HOUSE AMENDMENTS

 

TUESDAY, FEBRUARY 23, 2010

 

HB0001H2001/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         006.  Administration and Information

                        (Information Technology)

 

* * * * * * * * * *

 

Page 10-line 15    After "Technology" insert "3.".

 

Page 11-After line 5    Insert:

 

"3.  Of this general fund appropriation, three hundred thousand dollars ($300,000.00) shall only be expended to complete implementation of the Wyoming public finance website authorized under W.S. 9-2-1035 through 9-2-1037.".

 

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

 

 

HB0001H2002/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 048.  Department of Health

                   (Health Care Financing)

 

* * * * * * * * * *

 

Page 27-line 10    Under GENERAL FUND increase amount by "4,100,000".

 

Page 28-line 14    Delete "four million one hundred thousand dollars ($4,100,000.00)" insert "eight million two hundred thousand dollars ($8,200,000.00)".

 

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

 

 

HB0001H2004/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 125-After line 13  Insert the following new section and renumber as necessary:

 

"[SELECT COMMITTEE ON DEVELOPMENTAL PROGRAMS]

 

     Section 336.

 

(a)  There is created the select committee on developmental/intellectual programs consisting of the following members:

 

(i)  Three (3) members of the Wyoming senate appointed by the president of the senate, at least one (1) of whom shall be a member of the senate labor, health and social services committee and not more than two (2) of whom shall be from the same political party;

 

(ii)  Four (4) members of the Wyoming house of representatives appointed by the speaker of the house of representatives, at least two (2) of whom shall be members of the house labor, health and social services committee, one (1) of whom shall be a member of the house appropriations committee, and not more than three (3) of whom shall be from the same political party.

 

(b)  The president of the senate and the speaker of the house of representatives shall each appoint a cochairman of the select committee.

 

(c)  The committee shall analyze data provided by service providers for persons with developmental disabilities and service provider organizations to determine the fiscal viability of providers following the 2009 implementation of cost-based reimbursement payments.

 

(d)  The committee shall determine:

 

(i)  Whether providers have reduced staffing levels and whether the providers' staffing levels are adequate to meet the requirements of plans of care;

 

(ii)  Whether the providers have fiscal reserves;

 

(iii)  The ratio of providers' management and administrative employees to direct patient care employees;

 

(iv)  Other factors affecting the providers' fiscal viability.

 

(e)  The committee shall report on new methods of providing services to persons with developmental disabilities, including alternative methods tested in Wyoming or in other states within the last three (3) years.

 

(f)  The committee shall report on the legality and practicality of parents creating limited liability companies or other business entities to design services for their children with disabilities, including a review of other states' models for parents providing for the extraordinary needs of their children with developmental disabilities.

 

(g)  The committee shall study the effects of dual diagnosis on service provision and budgets.  The study shall consider:

 

(i)  An assessment tool to quantify the additional needs of persons with mental illness and developmental disabilities;

 

(ii)  Best practices for plans of care;

 

(iii)  Cooperation with the center for medicare and medicaid services of the United States department of health and human services to incorporate services into waivers if appropriate.

 

(h)  The committee shall identify system changes for improvement in the delivery of services to persons with developmental disabilities and sponsor necessary legislation implementing committee recommendations.

 

(j)  The committee shall report to the legislature and the governor not later than October 1, 2010 on conclusions and recommendations developed under subsections (c) through (h) of this section.

 

(k)  The committee shall exist until December 31, 2010.

 

(m)  Twenty-nine thousand dollars ($29,000.00) is appropriated from the general fund to the legislative service office to fund activities of the select committee.".

 

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

 

 

HB0001H2006/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    049.  Department of Family Services.

                        (Assistance)

 

* * * * * * * * * *

 

Page 30-line 9     After "1." Insert "2.".

 

Page 30-after line 23   Insert:

 

"2. Of this federal fund appropriation, two hundred seventy-four thousand dollars ($274,000.00) shall only be expended for the father factor program during the fiscal period beginning July 1, 2010 and ending June 30, 2012."  ESQUIBEL, K., LOCKHART, LUBNAU, THRONE

 

 

 

HB0001H2007/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 141.  JUDICIAL DISTRICT 9C

 

* * * * * * * * * *

 

Page 48-line 15    Under GENERAL FUND increase amount by "149,828".

 

Page 48-line 19    Increase Full Time positions by "1".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  ROSCOE, GINGERY, JORGENSEN

 

 

HB0001H2008/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 320. [AML FUNDING]

 

* * * * * * * * * *

 

Page 86-line 27    After "committee" insert ", the joint agricultural, state and public lands and water resources interim committee".

 

Page 87-line 7     After "addressed" insert "and a plan for the beneficial use and treatment of produced water".  STEWARD, SEMLEK

 

 

HB0001H2009/AC CORRECTED

 (CORRECTED COPY-3)

 

[BUDGET AFFECTED]

 

Budget(s):    Section 333.  School Capital Construction.

 

* * * * * * * * * *

Delete the Berger second reading amendment (HB0001H2042/A).

Further amend as follows:

 

Page 103-lines 22 through 31 Delete.

 

Page 104-line 1 through page 112-line 26   Delete and insert:

 

"(a)  From amounts previously appropriated to the school capital construction account before the effective date of this section, the school facilities commission shall prior to July 1, 2010 and after reduction is made for district major maintenance funds available for each specified project, expend necessary amounts for the following projects at the prescribed maximum amounts:

 

Planning Projects for the 2009-10 Biennium


Needs    
Index     School                               Maximum
Priority  District    Project                  Amount

14        Laramie #1  Elementary School        $ 50,000

19        Laramie #1  Elementary School        $ 50,000

22        Fremont #1  Elementary School        $ 50,000

24        Crook #1    Elementary School        $ 50,000

37        Uinta #1    Middle School            $ 50,000

160       Carbon #2   Elementary School        $ 50,000

Total                                          $300,000

 

Design Projects for the 2009-10 Biennium


Needs    
Index     School                               Maximum
Priority  District     Project                 Amount

1         Uinta #4     Middle School           $  750,551

8         Campbell #1  Alternative High School $  410,000

14        Laramie #1   Elementary School       $1,019,146

19        Laramie #1   Elementary School       $  680,799

22        Fremont #1   Elementary School       $  153,009

24        Crook #1     Elementary School       $1,000,000

27        Sheridan #2  Elementary School       $  773,183

Total                                          $4,786,688

 

Component Level Projects for the 2009-10 Biennium            


Needs
Index     School                                          Maximum
Priority  District      Project                 Description          Amount

43        Sweetwater #2 Elementary School       Demolition            $  180,000

72        Big Horn #2   High School             Paving                $  350,000

72        Big Horn #2   High School             Mechanical work          $1,500,000

92        Lincoln #2    Middle School           Bus drop off          $  120,000

102       Goshen #1     High School             Fire Marshall issues          $3,300,000

113       Fremont #25   Administration Building Partial demolition    $  121,224

113       Fremont #25   Administration Building Site work             $  150,000

134       Fremont #25   Elementary School       Bus drop off          $  150,000

Total                                                                      $5,871,224

    

Land Acquisitions for the 2009-10 Biennium          


Needs    
Index     School                                          Maximum
Priority  District      Project                           Amount

324       Johnson #1    Future Elementary School          $428,000

N/A       Campbell #1   Future Elementary School          $330,000

Total                                                     $738,000

 

(b)  The following amounts are appropriated from the school capital construction account to the school facilities commission for the 2011‑2012 fiscal biennium and for the purposes specified:

 

(i)  Up to one hundred sixty-three million four hundred thirty-eight thousand ninety-three dollars ($163,438,093.00) for the following school capital construction projects, subject to the prescribed maximum amounts:

 

Needs    
Index     School                                              Maximum
Priority  District      Project                              Amount

1         Uinta #4      Middle School                        $ 24,597,284

3         Uinta #1      Alternative High School              $  4,758,000

9         Sublette #9   Elementary School                    $ 10,431,000

12        Natrona #1    Elementary School                    $  9,857,444

14        Laramie #1    Elementary School                    $ 15,028,875

19        Laramie #1    Elementary School                    $ 10,568,250

21        Lincoln #1    Phase 1 of 3 phases for a High School $  5,490,000

22        Fremont #1    Elementary School                    $ 15,910,854

25        Natrona #1    Phase 1 of 3 phases for a High School $  7,320,000

25        Natrona #1    Phase 1 of 3 phases for a High School $  7,320,000

27        Sheridan #2   Elementary School                    $ 11,490,790

30        Park #1       Westside Elementary School           $ 11,411,355

35        Sweetwater #1 New 5-6 Elementary School            $ 14,311,039

40        Campbell #1   Lakeview Elementary School           $ 14,943,202

Total                                                         $163,438,093

 

(ii)  Up to sixteen million nine hundred fourteen thousand nine dollars ($16,914,009.00) for the following school component level projects, subject to the prescribed maximum amounts:

 

Needs    
Index     School                                         Maximum
Priority  District     Project                 Description          Amount

8         Campbell #1  Alternative High School Building improvements          $     8,197

45        Park #16     K-12 School             Renovation                $ 5,300,000

47        Campbell #1  Elementary School       Media center, KG classroom,

                                               & HVAC upgrade            $ 1,643,000

50        Fremont #2   High School             HS gym wall repair        $   200,000

121       Park #1      Middle School           Kitchen & MS Cafeteria

                                               Addition                  $ 3,848,281

138       Campbell #1  Elementary School       KG classroom & HVAC upgrade   $   810,000

151       Campbell #1  Elementary School       KG classroom & HVAC upgrade   $ 1,350,000

171       Uinta #1     High School             Roof replacement          $ 1,800,000

211       Albany #1    Elementary School       Classroom addition        $   644,531

224       Fremont #2   Elementary/Middle School Roof and HVAC          $ 1,310,000

Total                                                                     $16,914,009

 

(c)  If the maximum amounts appropriated under subsection (b) of this section are not sufficient to complete a specified project, the commission shall request the amount of the identified project deficit within its 2011 supplemental budget request submitted to the select school facilities committee and the governor under W.S. 21‑15‑119.

 

(d)  From amounts available within the common school permanent land fund holding account created under paragraph (f)(iii) of this section, the governor may, upon request of the commission, fund any unanticipated and emergency need for any district building recommended by the commission and for which district major maintenance funds are insufficient.  Expenditures under this subsection shall not exceed ten million dollars ($10,000,000.00) and shall be reported by the commission to the select school facilities committee within the monthly report required under subsection (g) of this section.

 

(e)  The commission shall require professional services contracted for projects authorized under this section to be acquired in accordance with residency and preference requirements imposed under W.S. 16‑6‑101 through 16‑6‑107.

 

(f)  Notwithstanding W.S. 21‑15‑122(a), amounts that were to be deposited into the common school permanent land fund on June 30, 2010 pursuant to that subsection, shall not be deposited in accordance with W.S. 21‑15‑122(a).  Those funds and other funds within the school capital construction account shall be subject to the following from the effective date of this section through June 30, 2012:

 

(i)  An amount necessary to restore the balance within the school foundation program account to an amount equal to forty million dollars ($40,000,000.00) on June 30, 2012, shall be deposited into the school foundation program account;

 

(ii)  Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207(a), and notwithstanding any rule and regulation or policy of the school facilities commission, any unexpended, unobligated previously appropriated funds remaining within the school capital construction account as of June 30, 2010, shall not revert on June 30, 2010, and any other amounts which would revert to the school capital construction account pursuant to law during the 2011‑2012 fiscal biennium, are hereby reappropriated to the common school permanent land fund holding account created under paragraph (iii) of this subsection;

 

(iii)  Any unappropriated, unexpended, unobligated funds within the school capital construction account, following reduction for the amounts appropriated from the account pursuant to this section and amounts deposited into the school foundation program account under paragraph (i) of this subsection, shall be continuously deposited into a common school permanent land fund holding account from the effective date of this section through the period ending June 30, 2012.  Amounts within the holding account shall on June 30, 2012, be transferred to the common school permanent land fund as provided for funds within the school capital construction account under W.S. 21‑15‑122(a)(ii).

 

(g)  The school facilities commission shall report monthly to the select school facilities committee and the joint appropriations committee in a matrix format depicting all capital construction projects and component level projects which have encumbered funds pursuant to this section.  For each project, the monthly matrix report shall provide the total amounts encumbered, the total amounts expended, the total amounts unexpended and the total unexpended amounts which are deposited into the common school permanent land fund holding account established under paragraph (f)(iii) of this section.

 

(h)  In addition to subsection (g) of this section and on or before May 1, 2010, the school facilities commission shall hold a public hearing in Big Horn, Wyoming, for purposes of addressing maintenance and construction options for the Sheridan county school district no. 1 elementary school facility at Big Horn, Wyoming.  The commission shall report to the select school facilities committee and the joint appropriations committee on recommendations for remedial action necessary to address the adequacy needs of this facility.

 

(j)  This section is effective immediately.".  LUBNAU, BONNER, CRAFT, PATTON

 

 

HB0001H2010/A

 

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

Section: 006.  Administration & Information

              (CIO)

 

Other Budget(s) Affected:

Section:  066.  Wyoming Tourism Board

(Wyoming Tourism Board)

 

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

 

Page 10-line 18    Under GENERAL FUND decrease amount by "261,900".

 

Page 34-line 20    Under GENERAL FUND increase amount by "261,900".

 

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

 

 

HB0001H2011/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 048.  Department of Health

(Preventive Health & Safety)

(Division on Aging)

 

* * * * * * * * * *

 

Page 27–line 17    Under OTHER FUNDS TT increase amount by "102,457".

 

Page 27–line 25    Under GENERAL FUND decrease amount by "51,779".

 

Page 27–line 26    Under OTHER FUNDS SR decrease amount by "51,779".

 

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

 

 

HB0001H2012/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 125-After line 13  Insert the following new section and renumber as necessary:

 

"[SCHOOL FACILITIES COMMISSION REORGANIZATION STUDY]

 

     Section 336.

 

(a)  In accordance with W.S. 9‑2‑1701 through 9‑2‑1707, the select school facilities committee shall study and prepare a plan for the reorganization of the school facilities commission established under W.S. 21‑15‑113, including the commission director and commission staff authorized under W.S. 21‑15‑114(c).  On or before September 1, 2010, the plan shall be submitted to the joint appropriations committee and made available to the public.  The joint appropriations committee shall hold at least one (1) public hearing on the proposed plan  and shall submit final recommendations to the legislature in sufficient time for consideration in the 2011 general session.  The plan, as approved by the legislature, shall be implemented not later than July 1, 2011.  The reorganization plan required under this section shall include the following components of the statewide school capital construction system:

 

(i)  The major building and facility repair and replacement program established under W.S. 21‑15‑109;

 

(ii)  The statewide standards for school building and facility adequacy and the assessment of the inventory of school buildings and facilities under the adequacy standards as provided under W.S. 21‑15‑115;

 

(iii)  The school district facility planning process created under W.S. 21‑15‑116;

 

(iv)  The annual evaluation and prioritization of school building and facility needs and the scheduling of building and facility remediation as established under W.S. 21‑15‑117;

 

(v)  The budget process for funding school building and facility remediation recommendations prescribed under W.S. 21‑15‑119.

 

(b)  Effective immediately and until July 1, 2011, the existing school facilities commission and its staff shall be subject to the following:

 

(i)  Notwithstanding W.S. 21‑15‑113, the commission shall serve in an advisory capacity to the governor to provide recommendations and policy alternatives to the governor and the system of school capital construction in the manner prescribed under W.S. 9‑2‑1707(a)(iii)(F);

 

(ii)  Notwithstanding W.S. 21‑15‑114(c), the commission director and staff shall serve under the control of the governor and shall function as a department operating unit of state government as defined under W.S. 9‑2‑1703(a)(iii);

 

(iii)  During the transition period between the effective date of this section and the date of implementation of the legislatively approved plan under subsection (a) of this section, the positions, personnel, property and appropriated funds of the commission shall be used for purposes specified by existing law.  In addition, all policies, rules and regulations of the commission shall be effective during the transition period unless otherwise specified by the governor.

 

(c)  This section is effective immediately.".  BERGER, HAMMONS, STEWARD, TEETERS

 

 

HB0001H2017/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 327.  [DISTANCE EDUCATION]

 

* * * * * * * * * *

 

Page 95-lines 4 through 30        Delete entirely.

 

Page 96-lines 1 through 31        Delete entirely.

 

Page 97-lines 1 through 8         Delete entirely.

 

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

 

 

HB0001H2018/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 005.  Department of Education

                   (WDE – General Fund Programs)

 

* * * * * * * * * *

 

Page 9-line 9      After "1." delete ", 2."; Under OTHER FUNDS decrease amount by "270,000 S5".

 

Page 9-lines 24 through 28   Delete entirely.

 

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

 

 

HB0001H2020/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 006.  Administration and Information

                   (Employees Group Insurance)

 

* * * * * * * * * *

 

Page 10-line 12    After "Insurance" insert "3.".

 

Page 11-After line 5 insert:

 

"3.  Beginning January 1, 2011, for the health insurance plan provided pursuant to the State Employees and Officials Group Insurance Act, the lowest individual deductible for the plan shall be not less than five hundred dollars ($500.00).".

 

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

 

 

HB0001H2021/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 125-After line 13  Insert the following new section and renumber as necessary:

 

"[SCHOOL FACILITIES COMMISSION-POST-AUDIT]

 

Section 336.

 

(a)  Based upon findings and recommendations contained in the independent audit and accounting of the school facilities commission undertaken pursuant to 2009 Wyoming session laws, chapter 207, section 2, the select school facilities committee shall provide for a post-audit of the commission to determine if specific recommendations and problems revealed by the 2009 audit have been appropriately addressed and corrected, and shall provide for an accurate accounting of total costs of all projects receiving funds from the school capital construction account for the preceding four (4) fiscal biennial periods ending with the 2009-2010 biennium, including transfers of funds between projects during those periods.  The accounting shall include independent consultations with commission field representatives responsible for total project costs and with the governor's legislative liaison for school facilities.  The post-audit and accounting shall be undertaken in sufficient time to report findings to the select committee by September 1, 2010.

 

(b)  Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207(a), any unexpended, unobligated monies appropriated from the school foundation program account to the attorney general under 2008 Wyoming Session Laws, Chapter 48, Section 2, Section 015, for purposes of the school finance litigation law office, in an amount not to exceed one hundred fifty thousand dollars ($150,000.00), shall not revert on June 30, 2010, but shall be reappropriated to the legislative service office to retain independent audit expertise for purposes of carrying out the accounting required under subsection (a) of this section.  This reappropriation shall be effective commencing on the effective date of this section and ending on June 30, 2011.  The legislative service office shall administer contracts for retained expertise as approved by the management council.

 

(c)  This section is effective immediately.".  BERGER, HAMMONS, HARSHMAN, STEWARD

 

 

HB0001H2023/A

 

[BUDGET AFFECTED]

 

Budget(s):    Section 015.  Attorney General

                   (Victim Services Divisions)

 

* * * * * * * * * *

 

Page 15-line 14    Delete "4.".

 

Page 16-lines 4 through 10   Delete entirely. 

 

To the extent required by this amendment renumber as necessary. GINGERY

 

 

HB0001H2024/A

 

[BUDGET AFFECTED]

 

Budget(s):    Section 015.  Attorney General

                   (Law Office)

 

* * * * * * * * * *

 

Page 15-line 5     After "Office" Delete "1.,".

 

Page 15-lines 23 through 30  Delete entirely.

 

To the extent required by this amendment renumber as necessary.  GINGERY, HARSHMAN

 

 

HB0001H2034/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 049.  Department of Family Services

                   (Services)

 

* * * * * * * * * *

 

Page 30-line 5     After "Services" insert "2.".

 

Page 30-After line 23   Insert:

 

"2.  (a)  Through June 30, 2012, the department shall limit the number of residential treatment facilities certified as child caring facilities under W.S. 14-4-101 and the overall capacity of those residential treatment facilities to the level of such facilities and beds that were certified as of January 1, 2010.

 

(b)  The department shall conduct a study of child caring facilities, as defined by W.S. 14-4-101(a)(vi) and the department's administrative rules for substitute care facilities, in partnership with the department of health, the department of education and youth care providers.  The resulting report shall be submitted to the joint judiciary interim committee and the joint appropriations committee by July 1, 2011.  The study shall include:

 

(i)  The historical utilization rates, regional trends and existing capacity for children served in all types of residential facilities including, but not limited to, crisis beds, group homes and residential treatment facilities;

 

(ii)  An analysis of the historical usage and costs of utilizing out-of-state providers for the provision of residential services; 

 

(iii)  Documented reasons for using out-of-state providers as opposed to in-state providers and the decision-making process and factors leading to a determination of where a child is placed, including a sampling of the reasons listed in judicial reports provided the information does not reveal any confidential information;

 

(iv)  Recommendations, if any, of statutory or procedural changes that would encourage more Wyoming children to remain in the state to receive the services and interventions they need;

 

(v)  The levels of care necessary to serve children, the projected need for the services and the availability of the level of care; and

 

(vi)  Community based alternatives to residential care such as prevention, early intervention and independent living as alternatives or supports to residential care.

 

(c)  This footnote is effective immediately.". 

 

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

 

 

HB0001H2035/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  205.  EDUCATION-SCHOOL FINANCE

                   (School Foundation Pgm)

 

* * * * * * * * * *

 

Page 51-line 5     After "1." Insert ", 3."; under OTHER FUNDS increase amount by "15,000 S5".

 

Page 52-after line 6    Insert:

 

     "3.  Of this other funds appropriation, the department shall distribute equally to qualifying school districts a total of not more than fifteen thousand dollars ($15,000.00) as financial assistance for educational programs offered during summer months between school years for school age children who are blind.  To receive financial assistance under this footnote, a school district shall apply to the department in a manner and form prescribed by the department.".

 

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

 

 

HB0001H2041.01/AC CORRECTED

 (DIVIDED AMENDMENT)

(CORRECTED COPY)

 

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):    Section 006.  Administration and Information

              (Dept. of Revenue Liquor Warehouse)

 

* * * * * * * * * *

 

Page 66-line 2     After "(j)." delete balance of line.

 

Page 66-lines 3 through 6    Delete entirely.

 

Page 66-line 7     Delete the line through "interest.".  BERGER, SIMPSON

 

 

HB0001H2042/A

 

[BUDGET AFFECTED]

 

Budget(s):    Section 333.  School Capital Construction.

 

* * * * * * * * * *

 

Page 103-lines 22 through 31 Delete.

 

Pages 104 through 112   Delete and insert:

 

"(a)  From amounts previously appropriated from the school capital construction account before the effective date of this section, the school facilities commission shall prior to July 1, 2010, expend up to twelve million four hundred thirty-five thousand nine hundred twelve dollars ($12,435,912.00) for the following projects at the prescribed maximum amounts:

 

Planning Projects for the 2009-10 Biennium


Needs    
Index     School                               Maximum
Priority  District    Project                  Amount

14        Laramie #1  Elementary School        $ 50,000

19        Laramie #1  Elementary School        $ 50,000

22        Fremont #1  Elementary School        $ 50,000

24        Crook #1    Elementary School        $ 50,000

37        Uinta #1    Middle School            $ 50,000

160       Carbon #2   Elementary School        $ 50,000

Total                                          $300,000

 

Design Projects for the 2009-10 Biennium


Needs    
Index     School                               Maximum
Priority  District     Project                 Amount

1         Uinta #4     Middle School           $  750,551

8         Campbell #1  Alternative High School $  410,000

14        Laramie #1   Elementary School       $1,019,146

19        Laramie #1   Elementary School       $  680,799

22        Fremont #1   Elementary School       $  153,009

24        Crook #1     Elementary School       $1,000,000

27        Sheridan #2  Elementary School       $  773,183

Total                                          $4,786,688

 

Component Level Projects for the 2009-10 Biennium             


Needs
Index     School                                          Maximum
Priority  District      Project                 Description          Amount

43        Sweetwater #2 Elementary School       Demolition            $  180,000

72        Big Horn #2   High School             Paving                $  350,000

72        Big Horn #2   High School             Mechanical work          $1,500,000

92        Lincoln #2    Middle School           Bus drop off          $  120,000

102       Goshen #1     High School             Fire Marshall issues          $3,300,000

113       Fremont #25   Administration Building Partial demolition    $  121,224

113       Fremont #25   Administration Building Site work             $  150,000

134       Fremont #25   Elementary School       Bus drop off          $  150,000

Total                                                                      $5,871,224

    

Land Acquisitions for the 2009-10 Biennium          


Needs    
Index     School                                          Maximum
Priority  District      Project                           Amount

304       Sheridan #2   Future Alternative High School    $  720,000

324       Johnson #1    Future Elementary School          $  428,000

N/A       Campbell #1   Future Elementary School          $  330,000

Total                                                     $1,478,000

 

(b)  The following amounts are appropriated from the school capital construction account to the school facilities commission for the 2011‑2012 fiscal biennium and for the purposes specified:

 

(i)  Up to one hundred eleven million two hundred eighty-one thousand seven hundred seven dollars ($111,281,707.00) for the following school capital construction projects, subject to the prescribed maximum amounts:

 

Needs    
Index     School                                             Maximum
Priority  District      Project                              Amount

1         Uinta #4      Middle School                        $ 24,597,284

3         Uinta #1      Alternative High School              $  4,758,000

9         Sublette #9   Elementary School                    $ 10,431,000

12        Natrona #1    Elementary School                    $  9,857,444

14        Laramie #1    Elementary School                    $ 15,028,875

19        Laramie #1    Elementary School                    $ 10,568,250

21        Lincoln #1    Phase 1 of 3 phases for a High School $  5,490,000

22        Fremont #1    Elementary School                    $ 15,910,854

25        Natrona #1    Phase 1 of 3 phases for a High School $  7,320,000

25        Natrona #1    Phase 1 of 3 phases for a High School $  7,320,000

Total                                                         $111,281,707

 

(ii)  Up to eighteen million dollars ($18,000,000.00) for school component level projects, to include the following projects subject to the prescribed maximum amounts:

 

Needs    
Index     School                                         Maximum
Priority  District     Project                 Description          Amount

8         Campbell #1  Alternative High School Building improvements          $     8,197

45        Park #16     K-12 School             Renovation                $ 5,300,000

47        Campbell #1  Elementary School       Media center, KG classroom,

                                               & HVAC upgrade            $ 1,643,000

50        Fremont #2   High School             HS gym wall repair        $   200,000

121       Park #1      Middle School           Kitchen & MS Cafeteria

                                               Addition                  $ 3,848,281

138       Campbell #1  Elementary School       KG classroom & HVAC upgrade   $   810,000

151       Campbell #1  Elementary School       KG classroom & HVAC upgrade   $ 1,350,000

171       Uinta #1     High School             Roof replacement          $ 1,800,000

211       Albany #1    Elementary School       Classroom addition        $   644,531

224       Fremont #2   Elementary/Middle School Roof and HVAC          $ 1,310,000

Total                                                                     $16,914,009

 

(c)  If the maximum amounts appropriated under subsection (b) of this section are not sufficient to complete a specified project:

 

(i)  Any appropriation for a lower priority project under paragraph (b)(i) of this section and any excess amount for a completed higher priority project under that paragraph may be expended by the school facilities commission as necessary to complete the underfunded project, and likewise for projects authorized under paragraph (b)(ii) of this section within amounts appropriated under that paragraph;

 

(ii)  Any funds appropriated under paragraph (b)(i) of this section may be used to complete any project under that paragraph as long as no higher priority project has been identified, based upon estimates, as being underfunded, and likewise for projects authorized under paragraph (b)(ii) of this section for amounts appropriated under that paragraph;

 

(iii)  The school facilities commission may expend amounts reappropriated to the capital construction account under paragraph (g)(ii) of this section to the extent necessary to fund those projects authorized under subsection (b) of this section;

 

(iv)  Except as otherwise specified in this section, expenditures under this section shall be in the order of priority as specified in the July 2009 facility needs assessment conducted by the commission under W.S. 21‑15‑115(b).

 

(d)  The school facilities commission may obligate and encumber amounts reappropriated under paragraph (g)(ii) of this section to fund capital construction projects which are in addition to and for which funds are not appropriated under subsection (b) of this section.  Expenditures under this subsection shall be for the 2011‑2012 fiscal biennium and are subject to the following:

 

(i)  An expenditure shall not be made under this subsection if any capital construction or component level project authorized under subsection (b) of this section has been identified, based upon estimates, as underfunded;

 

(ii)  The total amount expended under this subsection and paragraph (c)(iii) of this section, including amounts appropriated under subsection (b) of this section, shall not exceed one hundred eighty-one million four hundred thirty-eight thousand ninety-three dollars ($181,438,093.00), as computed by applying an eight and five-tenths percent (8.5%) reduction to the total cost estimated by the commission for each project included in its 2009 annual report to the governor and select school facilities committee submitted pursuant to W.S. 21‑15‑121 on September 1, 2009;

 

(iii)  Expenditures shall be prioritized in accordance with paragraph (c)(iv) of this section and include the following capital construction projects in addition to those projects authorized under paragraph (b)(i) of this section:

 

Needs    
Index     School                                          Maximum
Priority  District      Project                           Amount

27        Sheridan #2   Elementary School                 $ 11,490,790

30        Park #1       Westside Elementary School        $ 11,411,355

35        Sweetwater #1 New 5-6 Elementary School         $ 14,311,039

40        Campbell #1   Lakeview Elementary School        $ 14,943,202

Total                                                     $ 52,156,386

 

(iv)  If, after conditions specified under paragraph (i) of this subsection have been met, the amount reappropriated under paragraph (g)(ii) of this section is not sufficient to complete a project as estimated subsequent to encumbrances for that project under this subsection, the authority to reallocate funds under paragraphs (c)(i) and (ii) shall apply subject to the expenditure threshold prescribed under paragraph (ii) of this subsection.

 

(e)  Subject to paragraph (d)(ii) of this section, expenditures may fund any unanticipated and emergency need of any district building, as determined by the commission and for which district major maintenance funds are insufficient.  Expenditures under this subsection shall be reported by the commission to the select school facilities committee within the monthly report required under subsection (h) of this section.

 

(f)  This section shall not prohibit the commission from obligating and otherwise encumbering funds for any project authorized under subsection (b) of this section prior to obligating and encumbering funds for a higher priority project if funds are capable of being obligated to that lower priority project in advance of commitment of funds to the higher priority project, provided the obligation of funds does not reduce or otherwise expend any amounts appropriated to the higher priority project except as provided under subsection (c) of this section.  This subsection also applies to the extent funds are obligated and otherwise encumbered for any project under subsection (d) of this section.

 

 

(g)  Notwithstanding W.S. 21‑15‑122(a), amounts that were to be deposited into the common school permanent land fund on June 30, 2010 pursuant to that subsection, shall not be deposited in accordance with W.S. 21‑15‑122(a).  Those funds and other funds within the school capital construction account shall be subject to the following from the effective date of this section through June 30, 2012:

 

(i)  An amount necessary to restore the balance within the school foundation program account to an amount equal to forty million dollars ($40,000,000.00) on June 30, 2012, shall be deposited into the school foundation program account;

 

(ii)  Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207(a), any unexpended, unobligated previously appropriated funds remaining within the school capital construction account as of June 30, 2010, shall not revert on June 30, 2010, and any other amounts which would revert to the school capital construction account pursuant to law during the 2011‑2012 fiscal biennium, are hereby reappropriated for purposes of subsection (b) through (d) of this section for the period commencing July 1, 2010, and ending June 30, 2012;

 

(iii)  Any unappropriated, unexpended, unobligated funds within the school capital construction account, following reduction for the amounts appropriated from the account pursuant to this section and amounts deposited into the school foundation program account under paragraph (i) of this subsection, shall be continuously deposited into a common school permanent land fund holding account from the effective date of this section through the period ending June 30, 2012.  Amounts within the holding account shall on June 30, 2012, be transferred to the common school permanent land fund as provided for funds within the school capital construction account under W.S. 21‑15‑122(a)(ii).

 

(h)  The school facilities commission shall report monthly to the select school facilities committee in a matrix format depicting all capital construction projects and component level projects which have encumbered funds pursuant to this section.  For each project, the monthly matrix report shall provide the total amount encumbered, the total amount expended, the total amount unexpended and the total unexpended amount for that project which are expended for other projects.

 

(j)  In addition to subsection (h) of this section and on or before May 1, 2010, the school facilities commission shall hold a public hearing in Big Horn, Wyoming, for purposes of addressing maintenance and construction options for the Sheridan county school district no. 1 elementary school facility at Big Horn, Wyoming.  The commission shall report to the select school facilities committee and the joint appropriations committee on recommendations for remedial action necessary to address the adequacy needs of this facility.

 

(k)  This section is effective immediately.".

 

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

 

 

HB0001H2047/A

 

 

[MULTIPLE BUDGETS AFFECTED]

                   (Technical corrections)

 

Budget(s):    Section 045.  Department of Transportation

 

* * * * * * * * * *

 

Page 26-line 2     After "TRANSPORTATION" insert "2."

 

Page 26-After line 24   Insert:

 

"2.  Of the full-time permanent positions within the transportation commission shown to be vacant for over twenty-four (24) months in the document dated January 20, 2010, entitled "Agency Vacancy Report" and compiled by the department of administration and information and on file with the legislative service office, twenty-two (22) of the positions, as determined by the commission, shall not be filled by the commission and are hereby eliminated. This footnote is effective immediately.".

 

* * * * * * * * * *

[BUDGET AFFECTED]

 

Budget(s):    Section 067.  University of Wyoming

                   (NCAR MOU)

* * * * * * * * * *

 

Page 35-line 20    Delete "2009" insert "2008".

 

Page 35-line 21    Delete "159" insert "48".

 

* * * * * * * * * *

[BUDGET AFFECTED]

 

Budget(s):         [CAPITAL CONSTRUCTION]

              067. University of Wyoming

 

* * * * * * * * * *

 

Page 67-line 32    After "TOTALS" insert "1.".

 

Page 67-After line 32   Insert "1.  This section is effective immediately.".

* * * * * * * * * *

[BUDGET AFFECTED]

Budget(s):    Section 302.  [BORROWING AUTHORITY – CASH FLOW]

 

* * * * * * * * * *

 

Page 69-line 9     Before "The" insert "(a)".

 

Page 69-after line 16   Insert:

 

"(b)  The state auditor is authorized to borrow from pooled fund investments in the treasurer's office an amount not to exceed one hundred million dollars ($100,000,000.00), if necessary, for the purpose of assisting the department of transportation's cash flow. The amounts borrowed shall be repaid when sufficient revenue is available. Interest on the unpaid balance shall be the average interest rate earned on pooled fund investments in the previous fiscal year." 

 

* * * * * * * * * *

[BUDGET AFFECTED]

 

[CARRYOVER APPROPRIATIONS]

Budget(s):    Section 304.  [SPECIAL CONTINGENCY EMERGENCY                                 RESPONSE FUNDS]

 

* * * * * * * * * *

 

Page 70-line 8     Delete "[SPECIAL CONTINGENCY EMERGENCY RESPONSE FUNDS]" insert "[DISASTER CONTINGENCY]".

 

Page 70-line 13    Delete "special contingent" insert "disaster contingency".

 

Page 70-line 15    Delete "special contingent" insert "disaster contingency". 


[BUDGET AFFECTED]

 

Budget(s):         Section 319.  [MAJOR MAINTENANCE FUNDING FOR STATE FACILITIES, UNIVERSITY AND COMMUNITY COLLEGES]

 

* * * * * * * * * *

Page 82-line 19    Delete "and".

 

Page 82-line 20    After "2011" insert "and shall be effective immediately".

 

 

* * * * * * * * * *

[BUDGET AFFECTED]

 

Budget(s):         320. [AML FUNDING]

 

* * * * * * * * * *

Page 88-line 22    Delete "(c)(ii)" insert "(c)(v)".

 

 

* * * * * * * * * *

[BUDGET AFFECTED]

 

Budget(s):    327.      [DISTANCE EDUCATION]

 

* * * * * * * * * *

Page 96-line 31    Delete "distance learning council" insert "task force".

 

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

 

 

HB0001H2048/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 320. [AML FUNDING]

 

* * * * * * * * * *

 

Page 85-line 22    After "program" insert ".  Of these funds, one hundred twenty thousand dollars ($120,000.00) shall be used by the department of environmental quality to contract for a structural engineer to assess damages to houses located in Sweetwater County reported to be impacted by dynamic compaction.  These assessments shall be completed within sixty (60) days of retaining the structural engineer.  In making any settlement offer for damages allegedly due to dynamic compaction assessed under this paragraph the Attorney General shall consider the recommendations of the structural engineer and shall make all settlement offers within one hundred twenty (120) days of completion of the assessment.  Other than funds for contracting with the structural engineer under this paragraph, no funds under this paragraph shall be expended or encumbered for purposes other than paying settlements authorized under this paragraph until thirty (30) days after the last settlement offer by the Attorney General".

 

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

 

 

HB0001H2050/AC CORRECTED

 (CORRECTED COPY)

 

[BUDGET AFFECTED]

 

Budget(s):    Section 048.  DEPARTMENT OF HEALTH

                   (Health Care Financing)

 

* * * * * * * * * *

 

Page 27-line 10    After "5." insert ",12.".

 

Page 29-after line 24   Insert:

 

     "12.  Of this general fund appropriation, the governor may expend funds as necessary to reimburse services authorized under the Medicaid program involving pediatric care and transport costs including, without limitation, emergency and critical care services not otherwise available from in-state providers. This footnote is effective immediately.".  SIMPSON

 

 

HB0078H3002/A

 

 

Page 3-line 6      After "," and before the standing committee amendment (HB0078HS001/A) to this line, insert "if any,".  LUBNAU

 

 

HB0120H3001/AC CORRECTED

 

(CORRECTED COPY)

 

 

Delete the Standing Committee Amendment (HB0102HS001/A) entirely.  Further amend as follows:

 

Page 1-line 2      Delete "measures".

 

Page 1-line 7      Delete "21‑2‑304(a)(v)(E)" insert "21‑2‑304(a)(v)(B)".

 

Page 2-lines 9 through 23    Delete entirely and insert:

 

"(B)  Be administered at appropriate levels at specified grades and at appropriate intervals aligned to the standards, specifically assessing student performance in reading, writing and mathematics at grades four (4), eight (8) and eleven (11), and effective school year 2005-2006, and each school year thereafter, assessing student performance in reading, writing and mathematics at grades three (3) through eight (8) and at grade eleven (11).  In addition and commencing school year 2007-2008 and each school year thereafter, the statewide assessment system shall assess student performance in science not less than once within each grade band for grades three (3) through five (5), grades six (6) through eight (8) and grades ten (10) through twelve (12).  The structure and design of the assessment system shall allow for the comprehensive measurement of student performance through assessments that are administered each school year simultaneously on a statewide basis and through assessments administered periodically over the course of the school year which are designed to provide a more comprehensive and in-depth measurement of subject areas aligned to the state content and performance standards.  The assessment system may also measure the other common core of knowledge and skills established under W.S. 21‑9‑101(b) which can be quantified;".

 

Page 3-lines 1 and 2    Delete entirely.  THRONE

 

 

HB0128H3001/A

 

 

[TO SUBSTITUTE BILL NO. 1]

 

Page 3-line 14     Delete "disability insurance policy" insert "health benefit plan".

 

Page 3-line 15     Delete "W.S. 26-5-103" insert "W.S. 26-19-302(a)(xii)".

 

Page 3-line 18     Delete entirely.

 

Page 3-line 19     Delete entirely and insert "(ii)  "Health insurance," "health benefit plan" and "health benefit policy" mean a health benefit plan as defined by W.S. 26-19-302(a)(xii);". SIMPSON