ADOPTED HOUSE AMENDMENTS

 

THURSDAY, FEBRUARY 25, 2010

 

HB0001H3002/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         002.  Secretary of State.

                   (Administration)

 

* * * * * * * * * *

 

Page 6-line 11     After "1." insert ", 2."; Under GENERAL FUND increase amount by "10,000".

 

Page 6-After line 25    Insert:

 

"2.  Of this general fund appropriation, not to exceed ten thousand dollars ($10,000.00) shall be used for printing copies of the Wyoming constitution for free distribution to the citizens of this state.".  

 

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

 

 

HB0001H3004/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    335.  LOCAL GOVERNMENT DISTRIBUTIONS

 

* * * * * * * * * *

 

Page 116-line 20   Delete entirely and insert "seventy million nine hundred fifty-six thousand five hundred sixty dollars ($70,956,560.00)".

 

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

 

 

 

HB0001H3005/A

 

[BUDGET AFFECTED]

 

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

(Community Colleges Major Maintenance)

 

* * * * * * * * * *

 

Page 82-line 30    After "excluded." insert "Any funds received for maintaining, operating or equipping any capital construction project from the American Recovery and Reinvestment Act of 2009 shall not be subject to the provisions of W.S. 21-18-205(g).". 

 

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

 

 

HB0001H3006/AC CORRECTED

 (CORRECTED COPY)

 

[BUDGET AFFECTED]

 

Budget(s):    Section 335.  [LOCAL GOVERNMENT DISTRIBUTIONS]

 

* * * * * * * * * *

 

Page 116-line 24   Delete "Two-thirds (2/3)" insert "Sixty-nine and seventy-seven one-hundredths percent (69.77%)".

 

Page 116-line 27   Delete "One-third (1/3)" insert "Thirty and twenty-three one-hundredths percent (30.23%)".

 

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

 

 

HB0001H3008/A

 

[BUDGET AFFECTED]

 

Budget(s):    Section 057.  COMMUNITY COLLEGE COMMISSION

                   (WY Teacher Shortage Loan Program)

 

* * * * * * * * * *

 

Page 32-line 26    Under OTHER FUNDS decrease amount by "100,000S5".

 

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

 

 

HB0001H3010/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    Section 045.  Department of Transportation

                        (Administration)

 

* * * * * * * * * *

 

Page 26-line 5     After "Administration" insert "2.".

 

Page 26-After line 24   Insert:

 

"2.  On or before October 1, 2010 the department of transportation shall provide a report to the transportation, highways and military affairs interim committee describing in detail the department's 2011 fiscal year budgeted income and expenditures from the highway fund, as approved by the transportation commission under W.S. 24-1-119, and all other income and expenditures authorized pursuant to appropriations under this act.  The department shall provide the data in a format consistent with the budget formats presented by other executive branch agencies, using the same fiscal periods of July 1 through June 30".  BROWN, HARSHMAN

 

 

HB0001H3012/A

 

[BUDGET AFFECTED]

 

Budget(s):    Section 067.  University of Wyoming

                        (NCAR MOU)

 

* * * * * * * * * *

 

Page 35-line 26    After "connection." insert "Prior to the expenditure of any funds under this footnote, the university shall first engage in a competitive bid process for comparable, dedicated, fiber optic lines leased from the private sector, including a full evaluation of the costs over the life of the project.  Only if construction of a connection to the state's dark fiber is less costly than all responsible bids received shall the university expend any funds in constructing such a connection.  Otherwise, the university shall secure an agreement with the winning responsible bidder through the competitive bid process under this footnote."  QUARBERG, ILLOWAY

 

 

HB0001H3013/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    Section 015.  Attorney General

                   (Victim Services Divisions)

 

* * * * * * * * * *

 

Delete the Gingery second reading amendment (HB0001H2023/A) entirely.  THRONE, BERGER

 

 

HB0001H3016/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 125-After line 13  In the Harvey Second Reading Amendment (HB0001S2004/A) to this line, after subsection (m) created by that amendment, insert:

 

"(n)  This section is effective immediately.".

 

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

 

 

HB0001H3017/AC CORRECTED

 (CORRECTED COPY)

 

[BUDGET AFFECTED]

 

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

 

* * * * * * * * * *

 

Page 87–line 25    After "committee" delete "." insert ";".

 

Page 87-after line 25   Insert:

 

"(D) Any proceeds from the disposal of any state-owned project assets shall be separately accounted for and credited to the state general fund upon receipt.".  BERGER, LOCKHART, LUBNAU

 

 

HB0001H3018/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         051.  Livestock Board

                   (Estrays)

 

* * * * * * * * * *

 

Page 31-line 24    After "animals" delete balance of line and insert "and animals impounded by the board pursuant to W.S. 11-29-114.". 

 

Page 31-line 25    Delete "department."  SEMLEK

 

 

HB0001H3019/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    Section 048.  Department of Health

                   (Community & Family Health)

 

* * * * * * * * * *

 

Page 27-line 8     After "Health" insert "12."; Under OTHER FUNDS increase amount by "85,000 TT".

 

Page 29-After line 24   Insert:

 

     "12.  Of this other funds appropriation, eighty-five thousand dollars ($85,000.00 TT) shall only be used by the department to contract for or provide support network services for persons with epilepsy.  The support network services for persons with epilepsy shall:

 

          (a)  Provide professional education on epilepsy for nurses, physicians, public schools, public school nurses and the general public;

 

          (b)  Provide for support groups focused on epilepsy;

 

          (c)  Increase awareness of epilepsy in Wyoming;

 

          (d)  Provide educational programs for persons with epilepsy; and

 

          (e)  Provide better access to care for persons with epilepsy within Wyoming.".

 

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

 

 

HB0001H3020/A

 

[BUDGET AFFECTED]

 

Budget(s):    Addition to 300 Sections

 

* * * * * * * * * *

 

Page 125-After line 13  In the Berger Second Reading Amendment (HB0001H2012/A) to this line, delete paragraph (b)(ii) of Section 336 created by this amendment and insert:

 

"(ii)  Notwithstanding W.S. 9-1-202 and 21‑15‑114(c):

 

(A) The commission director shall serve at the pleasure of the governor; and

 

(B) The commission and staff shall function as a department operating unit of state government as defined under W.S. 9‑2‑1703(a)(iii) and be subject to the direction of the governor.".  BERGER

 

 

HB0001H3022/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  Section 205.  Education-School Finance.

          (School Foundation Pgm - entitlement payments)

 

* * * * * * * * * *

 

Page 51-line 5     After "1." insert "3.".

 

Page 52-After line 6 insert:

 

"3.  From this school foundation program account appropriation and for school years 2010‑2011 and 2011‑2012 only, the department of education shall on or before September 1 and pursuant to W.S. 21‑13‑311(a), compute the estimated entitlement payments for each school district for that school year using estimated fiscal information for each of the districts for that school year.  For any district estimated to receive an entitlement amount as computed under this footnote which is equal to or less than twenty percent (20%) of the estimated guarantee amount computed under W.S. 21‑13‑309(p) for that district for that school year, the department shall provide a payment to that district equal to one-third (1/3) of the estimated guarantee amount for that school year, reduced by an amount equal to the actual entitlement amount paid to that district on August 15 of that school year pursuant to W.S. 21‑13‑313(c).  The amount computed under this footnote shall be paid to each eligible district on or before September 15 of the applicable school year.  On or before December 15 of the applicable school year, the department shall compute the actual entitlement amount in accordance with W.S. 21‑13‑311(a) for each recipient qualifying district using actual fiscal information for that district for the applicable school year.  If the actual entitlement amount is less than the estimated entitlement amount paid on September 15, the recipient district shall on or before January 1, repay the difference to the department for deposit in the foundation program account, together with interest in an amount determined by the department based upon recommendation of the state treasurer but not to exceed six percent (6%) per year.  If the actual entitlement amount computed for any recipient district is greater than the estimated entitlement amount paid to the recipient district, any difference shall be paid to that district in the February 15 entitlement payment in accordance with W.S. 21‑13‑313(c).".

 

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

 

 

 

HB0001H3024/A

 

 

[BUDGET AFFECTED]

 

Budget(s):         Section 045.  Department of Transportation

                   (Administration)

 

* * * * * * * * * *

 

Page 26-After line 24   In the Brown, et al., third reading amendment (HB0001H3010/A) to this line delete "The department shall provide the data in a format consistent with the budget formats presented by other executive branch agencies, using the same fiscal periods of July 1 through June 30.".  COHEE

 

 

HB0001H3028/A

 

 

[BUDGET AFFECTED]

 

Budget(s):    Section 328.  [STATEWIDE VIDEO CONFERENCING] 

 

* * * * * * * * * *

 

Page 98-line 14    After "section" insert ".  No funds under this paragraph for the purchase or lease of telecommunications equipment or telecommunications services shall be expended without a competitive sealed bidding process".

 

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

 

 

HB0001H3029/AC CORRECTED

 (CORRECTED COPY)

 

[BUDGET AFFECTED]

 

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

 

* * * * * * * * * *

 

Delete the Quarberg second reading amendment (HB0001H2017/A) entirely and further amend as follows:

 

Page 95-line 15    After "entities." insert "No funds appropriated under this section shall be expended for telecommunications equipment or telecommunications services without a competitive sealed bidding process.".

 

Page 96-line 10    After "director" insert "with the approval of the governor".

 

Page 96-line 25    Delete "three" insert "two million five hundred thousand dollars ($2,500,000.00)".

 

Page 96-line 26    Delete through "($3,000,000.00)".

 

Page 97-line 3     Delete "." insert ";".

 

Page 97-after line 3    Insert:

 

     "(iv)  Of this appropriation, one million five hundred thousand dollars ($1,500,000.00) shall only be available for expenditure upon approval of the governor for purposes specified in this section.".

 

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

 

 

HB0001H3030/A

[BUDGET AFFECTED]

 

Budget(s):    Section 334.  School Finance Recalibration.

 

* * * * * * * * * *

 

 

Page 114-line 6    After "." delete balance of line and insert:

 

"In conducting its work, the select committee shall encourage the active and broad participation of all stakeholders.  The department of education, school districts and the school data advisory committee established under W.S. 21-2-203 shall collect and provide the information requested by the committee.  The recalibration study shall include, but is not limited to, the following activities:

 

(i)  Using demonstrated results and research-based studies, review the components of the school finance model to assess their effectiveness in supporting quality education and determine if components should be eliminated, modified or maintained;

 

(ii)  Evaluate school districts divergence from the school finance model and assess the effects of the divergence on a cost-based quality education that demonstrates proficiencies in student learning;

 

(iii)  Review recommendations regarding effective instruction and school districts’ ability to provide the same under the current system of school finance;

 

(iv)  Determine the costs of model components, the adequacy and appropriateness of the present level of funding and the best means of providing funds to school districts to provide quality education;

 

(v)  Consider the extent that federal funds may be applied towards the state’s funding obligations;

 

(vi)  Review methods of assessment of student achievement under the current model and recommend student assessment policies and procedures in the recalibrated system of school finance.

 

(c)  The select committee shall report its recommendations and any associated legislation to the legislature in time for consideration during the 2011 general session.  The select committee may introduce legislation as other committees of the legislature.".

 

Page 114-lines 7 through 31  Delete.

 

Page 115-lines 1 through 5   Delete.

 

Renumber as necessary.  HAMMONS, HARSHMAN, MADDEN

 

 

HB0001H3032/AC CORRECTED

 (CORRECTED COPY)

 

[BUDGET AFFECTED]

 

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

 

* * * * * * * * * *

 

Delete the Craft, et al., second reading amendment (HB0001H2048/A) entirely.  Further amend as follows:

 

Page 88-line 14    Delete "subsection (c)" insert "subsections (c) or (f)".

 

Page 88-After line 23   Insert:

 

"(f)  One hundred twenty thousand dollars ($120,000.00) is appropriated from AML funds available to the department of environmental quality to be used by the department to contract for a qualified engineer to assess damages to houses or other residential structures located in Sweetwater County alleged to be caused by dynamic compaction.  These assessments shall be completed within sixty (60) days after the effective date of this subsection, or within such time as the engineer may reasonably require.  In making any settlement offer for damages assessed under this subsection the attorney general shall consider the opinions of the qualified engineer as to whether the damages were caused by dynamic compaction, and the amount of damages so caused if the engineer assesses the amount of damages, and shall make all settlement offers within one hundred twenty (120) days of completion of the assessment.  All settlements subject to this subsection may be funded from AML funds available to the department.  This subsection is effective immediately.".

 

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

 

 

HB0001H3033/A

[BUDGET AFFECTED]

 

Budget(s):    Section 001.  Office of the Governor

(Special Contingent)

 

* * * * * * * * * *

 

Page 5–line 8      After "3." insert ", 5."; under GENERAL FUND increase amount by "685,000".

 

Page 6-line 1      Delete "only".

 

Page 6–After line 6     Insert:

 

"5.  Of this appropriation, six hundred eighty-five thousand dollars ($685,000.00) shall only be expended for a pilot project for the delivery of telehealth, using contract services.  The funds shall be transferred to the department of health, mental health and substance abuse division, which shall select a provider of software and hardware in accordance with residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107 and subject to approval of the state chief information officer.  This footnote is effective immediately.".

 

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

 

 

HB0001H3034/A

[BUDGET AFFECTED]

 

Budget(s):    020.      DEPT. OF ENVIRONMENTAL QUALITY

(Water Quality)

 

* * * * * * * * * *

 

Page 16–line 17    After "Water Quality" insert "1.".

 

Page 16–After line 26   Insert:

 

"1.  The department of environmental quality shall reallocate resources within the water quality division sufficient to begin promulgation of a pesticide general permit under its national pollutant discharge elimination system (NPDES) authority, to begin promulgation of a 'permit by rule' to accomplish the same ends or to create a means whereby pesticide applications may continue without a permit in Wyoming.".

 

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

 

HB0001H3035/A

 

 

[MULTIPLE BUDGETS AFFECTED]

(Technical corrections)

 

Section Under Consideration:  Section 301.  [SPENDING POLICY RESERVE ACCOUNTS]

Other Budget(s) Affected:

     Section 322.  [AML FUNDING 2009-2010 BIENNIUM REVERSION DATE CHANGES-2]

     Section 324 [NCAR SUPERCOMPUTER - II]

 

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

 

[BUDGET AFFECTED]

 

Budget(s):    Section 301.  [SPENDING POLICY RESERVE ACCOUNTS]

 

* * * * * * * * * *

 

Page 69-after line 3    Insert "(e)  The section is effective immediately."

 

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

 

Budget(s):    Section 322.  [AML FUNDING 2009-2010 BIENNIUM REVERSION DATE CHANGES-2]

 

Page 90-line 15    After "322." Insert "The section is effective immediately."

 

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

 

Budget(s):    Section 324.  [NCAR SUPERCOMPUTER - II]

 

Page 91-line 14    After "324." Insert "The section is effective immediately."

 

Renumber as necessary.  BERGER