ADOPTED SENATE AMENDMENTS

THURSDAY, FEBRUARY 25, 2010

HB0110S2001/A

Page 2-line 11                          After "gift." insert "Prior to the receipt of any substantial endowment gift, the donor shall be notified by the foundation that there may or may not be any state matching funds available for the gift.". 

Page 5-line 15                          After "($10,000.00)." insert "Prior to the receipt of any substantial endowment gift, the donor shall be notified by the foundation that there may or may not be any state matching funds available for the gift.".     LARSON, COE

SF0001S3003/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.

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

SF0001S3004/A

[BUDGET AFFECTED]

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

(Water Quality)

* * * * * * * * * *

Page 16–line 17                        After "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.  GEIS, MEIER

SF0001S3008/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."  CASE

SF0001S3009/A

[BUDGET AFFECTED]

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

(School Foundation Program)

* * * * * * * * * *

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

Page 52-After line 6 insert:

"3.  Effective for school year 2010‑2011 only and notwithstanding W.S. 21-13-320, the transportation reimbursement amount computed for each school district under W.S. 21‑13‑320 shall not exceed the amount reimbursed to that district for transportation during the 2009‑2010 school year.  The department of education shall for school year 2010‑2011, adjust school district entitlement payments computed under W.S. 21‑13‑311 and recapture payments computed under W.S. 21‑13‑102(b) in accordance with this footnote.".

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

SF0001S3011/A

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

Budget(s):         006.  Administration and Information

(Dept. of Revenue Liquor Warehouse)

* * * * * * * * * *

Page 65–line 15                        Delete.

Page 66–lines 1 through 9         Delete.

To the extent required by this amendment:  adjust totals; and renumber as necessary.  BEBOUT, LANDEN, PERKINS

SF0001S3013/A

[BUDGET AFFECTED]

Budget(s):         006.     CAPITAL CONSTRUCTION

(Dept. of Revenue Liquor Warehouse)

* * * * * * * * * *

Delete the Bebout et al. Third Reading Amendment (SF0001S3011/A) and the Meier, et al. Third Reading Amendment (SF0001S3012/A) entirely and further amend as follows:

Page 65-line 15                        Delete "3."; under OTHER FUNDS delete "SO" insert "S3".

Page 66-lines 1 through 9         Delete.

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

SF0001S3015/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 qualified structural 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 ninety (90) days of retaining the structural engineer or within such time as the engineer may reasonably require.  In making any settlement offer for damages allegedly due to dynamic compaction assessed under this paragraph the Attorney General shall consider the findings of the structural engineer.  This paragraph is effective immediately.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  HASTERT, COOPER, MARTIN, MASSIE

SF0001S3016/A

[BUDGET AFFECTED]

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

* * * * * * * * * *

Pages 104 through 112             In the Nicholas, Massie Second Reading Amendment (SF0001S2027/A) to these lines, after subsection "(j)" created by that amendment insert and renumber:

"(k)  In addition to amounts appropriated under subsection (a) of this section, three million six hundred eleven thousand seven hundred fifty-five dollars ($3,611,755.00) is appropriated to the school facilities commission from amounts previously appropriated to the commission from the school capital construction account before the effective date of this section.  Following completion of the public hearing and reporting to the select school facilities committee and the joint appropriations committee as required under subsection (j) of this section, and upon approval by the governor, the appropriation under this subsection shall be expended by the commission to correct the state's incomplete remediation of the Big Horn middle and high school facilities in Sheridan county school district no. 1, in order to avoid jeopardizing the occupancy of the newly constructed portion of this facility.  This appropriation shall be combined with five million one hundred twenty-eight thousand nine hundred thirty-two dollars ($5,128,932.00), as estimated by the commission on February 22, 2010, to be unexpended and unencumbered from allocated amounts for this remedy following completion of prior phases of this project, to fund completion of the facility remedy correction as directed by this subsection.".

To the extent required by this amendment:  adjust totals; and renumber as necessary.  BURNS, MASSIE, SCHIFFER

SF0001S3017/A

[BUDGET AFFECTED]

Budget(s):         Section 334.  [SCHOOL FINANCE RECALIBRATION]

* * * * * * * * * *

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

"In conducting its work, the select committee shall encourage the active participation of parents, educators, district school board members, businesses and foundations, members of the state board of education and state agency personnel.  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 select committee.  The recalibration study shall include, but is not limited to, the following activities:

(i)  Review the components of the educational model, using demonstrated results or research-based studies, to assess the effectiveness of the components in supporting quality education and determine if any component should be eliminated, added or modified;

(ii)  Evaluate the divergence between the model and its components and how school districts implement them, assessing the effects of any divergence upon the ability to provide a quality education;

(iii)  Review recommendations from teachers and instructional facilitators regarding effective instruction and the ability of teachers to convey effective instruction given their clerical, testing and administrative duties;

(iv)  Determine:

(A)  The costs of model components;

(B)  Whether the present level of funding is adequate and appropriate in meeting intended goals; and

(C)  The best means of providing funds to school districts to sustain or promote quality education;

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

(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.

To the extent required by this amendment:  adjust totals; and renumber as necessary.  MASSIE, ANDERSON, COE, NICHOLAS

SF0001S3021/AC CORRECTED

(CORRECTED COPY)

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"Section 336.

[STATE AGENCY CONTRACTUAL SERVICES]

(a)  For the period beginning July 1, 2010 and ending March 31, 2011, no contract for services shall be entered into without the approval of the director of the department making the expenditure, in accordance with requirements set forth in an executive order to be issued by the governor no later than July 1, 2010.  By the fifth business day of every month this limitation is in place, each director shall furnish to the budget division of the department of administration and information, the amount of each contract for services, along with a statement of the director’s reasons for approving each expenditure.  The budget division shall compile all agency reports on contracts under this section monthly and submit the compilation to the legislative service office for distribution to the joint appropriations interim committee.

(b)  All agencies shall submit supplemental exception budget requests for all anticipated contractual services expenditures for the period beginning April 1, 2011 and ending June 30, 2012.  Except as approved in the 2011 supplemental budget bill, no expenditures of general funds appropriated under this act shall be made by any agency for contractual services after April 1, 2011.  Transfers of funding through the B-11 process as authorized by W.S. 9-2-1005(b)(ii) for these purposes are not subject to this section.

(c)  As used in this section:

(i)  "Agency" means the state of Wyoming or any of its executive branch agencies, authorities, departments, boards, commissions, councils, instrumentalities, offices, separate operating agencies or units, or institutions, including the university and community colleges.  The governor may provide that any entity which would otherwise qualify as an agency under this paragraph is exempt from the requirements of this section.  The governor shall report to the joint appropriations committee on the reason that any agency is exempted from this section by the governor under this paragraph;

(ii)  "Director" means the director of the agency or the administrative head of the agency for those agencies with no director.".  BEBOUT

SF0001S3022/A

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

Page 125-After line 13             In the Coe et al. Second Reading Amendment (SF0001S2031/A) to this line, insert on page 3 of that amendment after subsection (m):

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

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

SF0001S3023/A

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

In the Coe, Massie Second Reading Amendment (SF0001S2031/A) to this line, on page 2 of that amendment, after subsection (h), insert and renumber:

            "(j)  The committee shall request and examine the budgets, balance statements and financial statements for residential treatment providers receiving funding from the state of Wyoming to verify staffing levels, staff salaries, overhead and profits.".

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

SF0001S3024/A

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

Section 336.  [SCHOOL FACILITIES COMMISSION REORGANIZATION STUDY]

Page 125-After line 13             In the Nicholas et al. Second Reading Amendment (SF0001S2045/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.".

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

SF0001S3025/A

[BUDGET AFFECTED]

Budget(s):         Section 003.  STATE AUDITOR

                                    (Retirement System Payroll Contributions)

* * * * * * * * * *

Page 7-line 7                            Delete.

Page 7-lines 21 through 23       Delete.

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

SF0001S3026/A

[BUDGET AFFECTED]

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

* * * * * * * * * *

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.  CASE

SF0001S3027/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.  CASE

SF0001S3028/A

[MULTIPLE BUDGETS AFFECTED]

Section Under Consideration:

            Section:  Section: 001.              Office of the Governor

Other Budget(s) Affected:  048.                        Department of Health

(Mental Health/Substance Abuse)

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

Page 5–line 8                            Under GENERAL FUND decrease amount by "685,000".

Page 27–line 18                        After "9." insert ", 12."; under GENERAL FUND increase amount by "685,000".

Page 29–after line 24                Insert:

"12.  Of this general fund 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.  A preference shall be given for instate providers of software and hardware and final approval of this pilot project shall be with the state chief information officer.  This footnote is effective immediately.".

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

SF0001S3029/A

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"[WILDLIFE TRUST CHALLENGE ACCOUNT]

Section 336.  2008 Wyoming Session Laws, Chapter 48, Section 326(a) and (b) is amended to read:

Section 326.

(a)  The Wyoming wildlife trust challenge account created by 2006 Wyoming Session Laws, Chapter 35, Section 320 is continued.  Any unexpended, unobligated monies appropriated from the general fund to the account by 2006 Wyoming Session Laws, Chapter 35, Section 320 shall not revert on June 30, 2008 2010 and shall remain in the account for the purpose of providing a state match pursuant to subsections (c) through (e) of this section. Unexpended, unobligated monies in the account on June 30, 2010 2012 shall revert as provided by law. The state treasurer shall invest monies within the account and shall deposit the earnings from investments to the general fund.

(b)  To the extent funds are available in the wildlife trust challenge account, the state treasurer shall match gifts actually received during the donation period provided in this subsection by the Wyoming wildlife and natural resource trust account board. A match shall be paid under this section by the state treasurer following any accumulated gift amounts actually received by the Wyoming wildlife and natural resource trust account board in a total of five thousand dollars ($5,000.00) or more. The match shall be made by transferring from the wildlife trust challenge account to the Wyoming wildlife and natural resource trust account created by W.S. 9‑15‑103(a) an amount equal to the accumulated amount of the gift. The match applies to gifts received during the donation period commencing July 1, 2006 and ending June 30, 2010 2012.".

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

SF0001S3032/A

[BUDGET AFFECTED]

Budget(s):         Addition to 300 Sections

* * * * * * * * * *

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

"Section 336.

[OUT OF STATE TRAVEL AND PUBLICATIONS RESTRICTIONS]

(a)  For the period beginning July 1, 2010 and ending March 31, 2011, no expenditure of funds appropriated under this act shall be made for out of state travel, publications or advertising without the approval of the director of the department making the expenditure, in accordance with requirements set forth in an executive order to be issued by the governor no later than July 1, 2010.  By the fifth business day of every month this limitation is in place, each director shall furnish to the budget division of the department of administration and information, the amount of each expenditure for out of state travel, publications and for advertising, along with a statement of the director’s reasons for approving each expenditure.  The budget division shall compile all agency expenditure reports monthly and submit the compilation to the legislative service office for distribution to the joint appropriations interim committee.

(b)  All agencies shall submit supplemental exception budget requests for all anticipated publications, advertising and out of state travel expenditures for the period beginning April 1, 2011 and ending June 30, 2012.  Except as approved in the 2011 supplemental budget bill, no expenditures of funds appropriated under this act shall be made by any agency for publications, advertising or out of state travel after April 1, 2011.  Transfers of funding through the B-11 process as authorized by W.S. 9-2-1005(b)(ii) for these purposes are not subject to this section.

(c)  As used in this section:

(i)  "Agency" means the state of Wyoming or any of its executive branch agencies, authorities, departments, boards, commissions, councils, instrumentalities, offices, separate operating agencies or units, or institutions, including the university and community colleges;"

(ii)  "Director" means the director of the agency or the administrative head of the agency for those agencies with no director.".  NICHOLAS, LARSON