|
H.B. No. 0001 |
General government appropriations. |
Sponsored By: Joint Appropriations Interim Committee
AN ACT to make appropriations for the biennium commencing July 1, 2010, and ending June 30, 2012; providing definitions; providing for appropriations and transfers of funds during that biennium and for the remainder of the current biennium as specified; providing for funding for carryover of certain funds beyond the biennium as specified; conforming specified statutory provisions during the term of the budget period as related to these appropriations; providing for employee positions as specified; providing for fees, conditions and other requirements relating to appropriations; providing for position and other budgetary limitations; providing for task forces and committees; and providing for an effective date.
2/16/2010 Bill Number Assigned
2/17/2010 H Received for Introduction
2/22/2010 H Introduced and Referred to CoW Pursuant to Rule 28-2(b)
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Gingery, Hallinan and Philp
Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0
2/22/2010 H Passed CoW
HB0001H2001/ADOPTED
[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/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Blake, Blikre, Bonner, Brown, Byrd, Cannady, Carson, Connolly, Craft, Davison, Diercks, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Harvey, Jaggi, Kimble, Landon, Lubnau, Madden, McKim, McOmie, Miller, Millin, Moniz, Patton, Petersen, Semlek, Thompson, Throne and Zwonitzer, Dn.
Nays: Representative(s) Anderson, R., Berger, Brechtel, Buchanan, Childers, Cohee, Edmonds, Hammons, Harshman, Illoway, Jorgensen, Lockhart, Peasley, Pedersen, Quarberg, Roscoe, Shepperson, Simpson, Steward, Stubson, Teeters, Wallis and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 35 Nays 23 Excused 2 Absent 0 Conflicts 0
HB0001H2003/FAILED
[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, notwithstanding W.S. 21‑13‑320, the total statewide amount included within the education resource block grant model for district transportation of school children under W.S. 21‑13‑309(m)(v)(E)(I) shall be reduced by ten percent (10%). Each district's entitlement amount computed under W.S. 21‑13‑311 and recapture payment under W.S. 21‑13‑102(b) shall for school year 2010‑2011 only, be adjusted in accordance with this footnote.".
To the extent required by this amendment: adjust totals; and renumber as necessary. MADDEN
HB0001H2004/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Connolly, Craft, Davison, Diercks, Esquibel, K., Gilmore, Gingery, Goggles, Hammons, Harvey, Jorgensen, Kimble, Lockhart, Lubnau, McKim, Miller, Millin, Moniz, Petersen, Roscoe, Semlek, Shepperson, Stubson, Thompson, Throne and Zwonitzer, Dn.
Nays: Representative(s) Anderson, R., Childers, Cohee, Edmonds, Harshman, Jaggi, Landon, Madden, McOmie, Peasley, Pedersen, Quarberg, Simpson, Steward, Teeters, Wallis and Zwonitzer, Dv.
Excused: Representative(s) Hales, Hallinan, Illoway, Patton and Philp
Ayes 38 Nays 17 Excused 5 Absent 0 Conflicts 0
HB0001H2005/FAILED
[BUDGET AFFECTED]
Budget(s): Section 048. DEPARTMENT OF HEALTH
Page 27-line 2 After "HEALTH" insert "12.".
Page 29-After line 24 Insert:
"12. The department of health shall not, through a state plan amendment or otherwise, commit the state of Wyoming to any Medicaid or state child health insurance program expenditures after June 30, 2012.". SHEPPERSON, EDMONDS, LANDON, QUARBERG
HB0001H2006/ADOPTED
[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/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McOmie, Miller, Millin, Moniz, Patton, Pedersen, Petersen, Quarberg, Roscoe, Semlek, Simpson, Stubson, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Edmonds, Illoway, Jaggi, McKim, Peasley, Shepperson, Steward and Teeters
Excused: Representative(s) Hallinan and Philp
Ayes 49 Nays 9 Excused 2 Absent 0 Conflicts 0
HB0001H2008/ADOPTED
[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/ADOPTED (CORRECTED COPY)
[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 Roof and HVAC
School $ 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
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hammons, Harshman, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Millin, Moniz, Patton, Pedersen, Quarberg, Roscoe, Shepperson, Simpson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Diercks, Harvey, Miller, Peasley, Petersen, Semlek, Steward and Stubson
Excused: Representative(s) Hales, Hallinan, Illoway and Philp
Ayes 47 Nays 9 Excused 4 Absent 0 Conflicts 0
HB0001H2010/ADOPTED
[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/ADOPTED
[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/ADOPTED
[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
HB0001H2013/FAILED
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
Page 125-After line 13 Insert the following new section and renumber as necessary:
"[LOCAL GOVERNMENT APPROPRIATIONS]
Section 336.
(a) There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the office of state lands and investments that shall only be expended by the state loan and investment board for the purpose of providing grant funds to Sweetwater county for engineering and planning of sewer replacement needs in Reliance.
(b) There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the office of state lands and investments that shall only be expended by the state loan and investment board for the purpose of providing grant funds to the city of Rock Springs for engineering and planning of water infrastructure upgrades in Reliance.".
To the extent required by this amendment: adjust totals; and renumber as necessary. BARBUTO, CRAFT, DAVISON, THOMPSON
HB0001H2014/FAILED
[BUDGET AFFECTED]
Budget(s): 80. DEPARTMENT OF CORRECTIONS
(Corrections Operations-Sex offender treatment program)
Page 38-line 5 After "2." insert ", 3." under GENERAL FUND increase amount by "200,000".
Page 39-After line 9 Insert:
"3. Of this general fund appropriation, two hundred thousand dollars ($200,000.00) shall only be expended during fiscal year 2011 to reestablish the sex offender treatment program. The department of corrections shall report not later than December 1, 2010 to the joint judiciary interim committee and the joint appropriations interim committee on the reestablishment of the sex offender treatment program and the department's plan for the continuation of the program. Any request for an appropriation for this program shall be included in the department's exception budget request for fiscal year 2012.".
To the extent required by this amendment: adjust totals; and renumber as necessary. LANDON
HB0001H2015/FAILED
[BUDGET AFFECTED]
Budget(s): Section 039. Wildlife/Natural Res Trust
(Wildlife/Natural Resource Trust Proj.)
(Wildlife Trust Account)
Page 23-line 6 Under GENERAL FUND decrease amount by "$3,000,000.00".
Page 23-line 7 Under GENERAL FUND increase amount by "$2,500,000.00".
To the extent required by this amendment: adjust totals; and renumber as necessary. QUARBERG
HB0001H2016/FAILED
[BUDGET AFFECTED]
Budget(s): Section 101. SUPREME COURT
(Administration)
Page 40-line 4 After "Administration" insert "2."; Under GENERAL FUND increase amount by "$100,000.00".
Page 40-After line 22 Insert:
"2. Of this general fund appropriation, one hundred thousand dollars ($100,000.00) shall only be expended to provide grants to reimburse counties for all or portions of the increased court security costs incurred due to high profile cases, as defined by court rule and regulation. The supreme court shall establish rules and regulations governing the types of increased costs and the level of reimbursement allowed under grants pursuant to this footnote. The court shall, by rule and regulation, provide for repayment of grants awarded but not used for reimbursement of actual costs.".
To the extent required by this amendment: adjust totals; and renumber as necessary. BROWN
HB0001H2017/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Blikre, Brechtel, Buchanan, Cannady, Childers, Cohee, Craft, Davison, Edmonds, Gingery, Harvey, Illoway, Jaggi, Lockhart, Madden, McKim, McOmie, Miller, Moniz, Peasley, Pedersen, Quarberg, Semlek, Shepperson, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brown, Byrd, Carson, Connolly, Diercks, Esquibel, K., Gilmore, Goggles, Hammons, Harshman, Jorgensen, Kimble, Landon, Lubnau, Millin, Patton, Petersen, Roscoe, Simpson and Steward
Excused: Representative(s) Hales, Hallinan and Philp
Ayes 31 Nays 26 Excused 3 Absent 0 Conflicts 0
HB0001H2018/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Anderson, R., Berger, Bonner, Brechtel, Buchanan, Cannady, Carson, Childers, Cohee, Edmonds, Gingery, Hammons, Harshman, Illoway, Kimble, Lockhart, Madden, Miller, Millin, Moniz, Peasley, Pedersen, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Stubson, Teeters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Bagby, Barbuto, Blake, Blikre, Brown, Byrd, Connolly, Craft, Davison, Diercks, Esquibel, K., Gilmore, Goggles, Hales, Harvey, Jaggi, Jorgensen, Landon, Lubnau, McKim, McOmie, Patton, Steward, Thompson, Throne and Wallis
Excused: Representative(s) Hallinan, Petersen and Philp
Ayes 31 Nays 26 Excused 3 Absent 0 Conflicts 0
HB0001H2019/FAILED
[BUDGET AFFECTED]
Budget(s): Section 003. State Auditor
(Retirement system payroll contribution)
Page 7-lines 21 through 23 Delete entirely and insert:
"2. These funds shall be used to pay the increased school district employee member and state employee member contributions required by W.S. 9-3-412(a) and authorized by W.S. 9-3-412(c) as amended by 2010 Senate File 0072 as enacted into law, for the period commencing with the effective date of that act until June 30, 2011. The state auditor shall transfer funds under this footnote to the retirement system or individual agencies and school districts as directed by the department of administration and information in accordance with the provisions of SF 0072 for employer contributions. The balance of funds remaining shall not be expended until further action of the legislature reappropriating these funds. For purposes of this footnote, "state employee member" means members of state executive, legislative and judicial branch agencies, and includes the University of Wyoming and individual community colleges." CRAFT, JAGGI
HB0001H2020/ADOPTED
[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/ADOPTED
[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
HB0001H2022/FAILED
[BUDGET AFFECTED]
Budget(s): Section 314. [VACANT POSITIONS]
Page 79-line 22 After "2012." insert "For every agency which has a position not filled pursuant to this section, the budget division of the department of administration and information shall calculate the proportionate general fund share of each agency's non-personal services budget associated with each vacant position. No agency shall transfer or expend for any purpose the amount determined by the department of administration and information under this section.". HARSHMAN, BUCHANAN
HB0001H2023/ADOPTED
[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/ADOPTED
[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
HB0001H2025/FAILED
[BUDGET AFFECTED]
Budget(s): Section 048. DEPARTMENT OF HEALTH
(Community & Family Health)
Page 27-line 8 After "Health" insert "12."; Under GENERAL FUND increase amount by "120,000".
Page 29-After line 24 Insert:
"12. Of this general fund appropriation, one hundred twenty thousand dollars ($120,000.00) 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. LANDON, ESQUIBEL, ZWONITZER, DN.
HB0001H2026/FAILED
[BUDGET AFFECTED]
Budget(s): Section 039. Wildlife/Natural Res Trust
(Wildlife/Natural Resource Trust Proj)
Page 23-line 6 Under GENERAL FUND decrease amount by "1,600,000".
To the extent required by this amendment: adjust totals; and renumber as necessary. TEETERS, CARSON
HB0001H2028/FAILED
[BUDGET AFFECTED]
Budget(s): Section 3. [CAPITAL CONSTRUCTION]
Section 057. Community college commission
Page 67-line 2 Delete "1."; delete "3.".
Page 67-lines 15 and 16 Delete entirely.
Page 67-lines 22 through 24 Delete entirely.
To the extent required by this amendment: adjust totals; and renumber as necessary. HARSHMAN, CRAFTS, BONNER
HB0001H2029/FAILED (CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
Page 125-After line 13 Insert the following new section and renumber as necessary:
"[MINERAL SEVERANCE TAX DIVERSION]
Section 336.
(a) W.S. 39-14-801(b)(intro) is amended to read:
39-14-801. Severance tax distributions; distribution account created; formula.
(b) Before making distributions
from the severance tax distribution account under subsections (c) through (e)
of this section, an amount equal to two-thirds (2/3) of the amount of tax
collected under W.S. 39-14-104(a)(i) and (b)(i) and 39-14-204(a)(i) for the same
period shall be deposited into the permanent Wyoming mineral trust fund except
that for the fiscal year 2010 2011 these funds shall be deposited as
follows:".
To the extent required by this amendment: adjust totals; and renumber as necessary. THRONE
HB0001H2030/FAILED
[BUDGET AFFECTED]
Budget(s): 205. Education-School Finance.
(School Foundation Pgm – food service)
Page 51-line 5 After "1." insert ", 3."; under OTHER FUNDS increase amount by "3,650,000S5".
Page 52-After line 6 insert:
"3. Of this school foundation program account appropriation and notwithstanding 2009 Wyoming Session Laws, Chapter 208, section 2(c), for the period beginning July 1, 2010, and ending June 30, 2011, up to three million six hundred fifty thousand dollars ($3,650,000.00) shall be expended by the department of education to continue financial assistance to school districts for food service programs for the 2010-2011 school year. The amount of assistance for each qualifying district shall be distributed in accordance with 2008 Wyoming Session Laws, Chapter 95, section 601, as amended by 2009 Wyoming Session Laws, Chapter 208, section 2. In addition, department of education rules and regulations adopted under 2008 Wyoming Session Laws, Chapter 95, section 602, as amended to comply with 2009 Wyoming Session Laws, Chapter 208, section 2, shall apply to distributions under this footnote.".
To the extent required by this amendment: adjust totals; and renumber as necessary. CRAFT, CONNOLLY, DAVISON, MCKIM
HB0001H2033/FAILED
[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, BLIKRE
HB0001H2034/ADOPTED
[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/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Kimble, Landon, Lockhart, Lubnau, Millin, Moniz, Patton, Pedersen, Petersen, Roscoe, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Anderson, R., Berger, Harvey, Illoway, Jaggi, Jorgensen, Madden, McKim, McOmie, Miller, Peasley, Quarberg and Semlek
Excused: Representative(s) Hallinan and Philp
Ayes 45 Nays 13 Excused 2 Absent 0 Conflicts 0
HB0001H2036/FAILED
[BUDGET AFFECTED]
Budget(s): Section 335 [LOCAL GOVERNMENT DISTRIBUTIONS]
Page 116-line 24 Delete "eighty-nine percent (89%)" insert "ninety-two percent (92%)".
Page 116-line 27 Delete "eighty-nine percent (89%)" insert "ninety-two percent (92%)".
Page 116-line 30 Delete "five and one-half percent (5.5%)" insert "four percent (4%)".
Page 117-line 20 Delete "five and one-half percent (5.5%)" insert "four percent (4%)".
To the extent required by this amendment: adjust totals; and renumber as necessary. HARSHMAN
HB0001H2037/FAILED
[BUDGET AFFECTED]
Budget(s): Section 085. Wyoming Business Council
(Wyoming Business Council)
Page 39-line 25 After "Council" insert "1."
Page 39-After line 33 Insert:
"1. Notwithstanding W.S. 9-12-112 and 9-12-103(a), beginning in 2011 for the budget cycle for fiscal years 2013-2014, the Wyoming Business Council shall prepare its budget in the standard format of all state agencies for review by the department of administration and information, the governor and the joint appropriations committee as provided in W.S. 9-2-1010 through 9-2-1014. The Wyoming Business Council budget shall be subject to review and approval by the joint appropriations committee and inclusion in the general appropriations bill, including authorized full and part-time positions, in the same manner as state agencies.".
To the extent required by this amendment: adjust totals; and renumber as necessary. JAGGI, COHEE
HB0001H2038/FAILED
[BUDGET AFFECTED]
Budget(s): Section 024. State Parks & Cultural Resources
(Cultural Resources)
Page 18-line 6 Under GENERAL FUND decrease amount by "1,400,000".
Page 18-line 18 Delete "one million nine hundred thousand dollars ($1,900,000.00)" insert "five hundred thousand dollars ($500,000.00)".
To the extent required by this amendment: adjust totals; and renumber as necessary. BUCHANAN
HB0001H2039/FAILED
[BUDGET AFFECTED]
Budget(s): 048. DEPARTMENT OF HEALTH
(Health Care Financing)
Page 27–line 10 After "Financing" insert "12."; under GENERAL FUND increase amount by "240,000".
Page 29-after line 24 Insert:
"12. Of this general fund appropriation, two hundred forty thousand dollars ($240,000.00) shall only be expended to replace federal grant funding from the Health Resource Services Administration for the contract program for services to persons with acquired brain injury who are not eligible for the home and community based waiver program. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert pursuant to law. This footnote shall be effective immediately.".
To the extent required by this amendment: adjust totals; and renumber as necessary. CRAFT, DAVISON, MILLIN
HB0001H2041.01/ADOPTED (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
HB0001H2041.02/FAILED
[BUDGET AFFECTED]
[CAPITAL CONSTRUCTION]
Budget(s): Section 006. Administration and Information
(Dept. of Revenue Liquor Warehouse)
Page 66-line 1 After "the" delete balance of line and insert "permanent Wyoming mineral trust fund reserve account created by W.S. 9-4-719(b).".
BERGER, SIMPSON
HB0001H2042/ADOPTED
[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
HB0001H2044/FAILED (CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): 048. Department of Health
(Preventive Health & Safety)
Page 27-line 15 After "6." insert "12.".
Page 29-After line 24 Insert:
"12. Of this other funds appropriation, one hundred thousand dollars ($100,000.00)TT shall only be expended to fund one (1) at-will contract employee for the purpose of supporting breast and cervical cancer screening programs for all persons residing on the Wind River Indian Reservation.".
To the extent required by this amendment: adjust totals; and renumber as necessary. GOGGLES
HB0001H2045/FAILED
[BUDGET AFFECTED]
Budget(s): Section 045. DEPARTMENT OF TRANSPORTATION
(GF Appropriation to Commission)
Page 26-line 15 After "1." insert ", 2."; under GENERAL FUND increase amount by "200,000".
Page 26-after line 24 Insert:
"2. Of this general fund appropriation, two hundred thousand dollars ($200,000.00) shall only be expended for the phase one design of a bypass highway between Green River and Rock Springs.".
To the extent required by this amendment: adjust totals; and renumber as necessary. BLAKE, THOMPSON
HB0001H2046/FAILED
[BUDGET AFFECTED]
Budget(s): Section 067. University of Wyoming.
(NCAR MOU)
Page 35-line 19 After "2." Delete balance of the line.
Page 35-line 20 Delete the line through "2010".
Page 35-line 21 After "2012" insert "."
Page 35-lines 22 through 26 Delete entirely. QUARBERG
HB0001H2047/ADOPTED
(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/ADOPTED
[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/ADOPTED (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
HB0001H3001/FAILED
[BUDGET AFFECTED]
Budget(s): Section 048. Department of Health
(Health Care Financing)
Delete the Harvey second reading amendment (HB0001H2002/A) entirely. SIMPSON
HB0001H3002/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, McOmie, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Roscoe, Shepperson, Simpson, Thompson, Throne and Wallis
Nays: Representative(s) Anderson, R., Buchanan, Lubnau, Madden, McKim, Quarberg, Semlek, Steward, Stubson, Teeters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 46 Nays 12 Excused 2 Absent 0 Conflicts 0
HB0001H3004/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Blake, Blikre, Bonner, Brown, Byrd, Cannady, Carson, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Kimble, Landon, Lockhart, Lubnau, McKim, McOmie, Miller, Millin, Moniz, Patton, Pedersen, Petersen, Quarberg, Semlek, Shepperson, Simpson, Steward, Stubson, Thompson, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Anderson, R., Berger, Brechtel, Buchanan, Childers, Cohee, Gingery, Jorgensen, Madden, Peasley, Roscoe, Teeters and Wallis
Excused: Representative(s) Hallinan and Philp
Ayes 45 Nays 13 Excused 2 Absent 0 Conflicts 0
HB0001H3005/ADOPTED
[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/ADOPTED (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
HB0001H3007/FAILED (CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): 335. LOCAL GOVERNMENT DISTRIBUTIONS
(COUNTY REVENUE CHALLENGED ALLOCATIONS)
Page 124-line 20 Delete and insert "(A) Two million dollars ($2,000,000.00); plus".
Page 124-line 23 Delete "one hundred sixty dollars ($160.00)" insert "two hundred dollars ($200.00)".
Page 124-line 26 Delete "one hundred thirty dollars ($130.00)" insert "one hundred fifty dollars ($150.00)".
To the extent required by this amendment: adjust totals; and renumber as necessary. HAMMONS, PEDERSEN, QUARBERG
HB0001H3008/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hales, Hallinan and Philp
Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0
HB0001H3009/FAILED (CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): Section 333. School Capital Construction.
Page 103-line 22 through page 112-line 26 In the Lubnau, et al., second reading amendment (HB0001H2009/AC) to these lines, after subsection "(h)" created by that amendment, insert and renumber:
"(j) 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 (h) 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. LANDON, BERGER
HB0001H3010/ADOPTED
[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/ADOPTED
[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/ADOPTED
[BUDGET AFFECTED]
Budget(s): Section 015. Attorney General
(Victim Services Divisions)
Delete the Gingery second reading amendment (HB0001H2023/A) entirely. THRONE, BERGER
HB0001H3014/FAILED
[MULTIPLE BUDGETS AFFECTED]
Section Under Consideration:
Section 301. [SPENDING POLICY RESERVE ACCOUNTS]
Other Budget(s) Affected: Section 335. [LOCAL GOVERNMENT DISTRIBUTIONS]
Page 68-lines 14 through 28 Delete entirely.
Page 69-lines 1 through 3 Delete entirely.
Page 116-lines 16 through 18 Delete entirely and insert "(a) There is appropriated from the budget reserve account".
To the extent required by this amendment: adjust totals; and renumber as necessary. LANDON
HB0001H3015/FAILED
[BUDGET AFFECTED]
Budget(s): Section 335. [LOCAL GOVERNMENT DISTRIBUTIONS]
Page 116-line 24 Delete "eighty-nine percent (89%)" insert "ninety-two percent (92%)".
Page 116-line 27 Delete "eighty-nine percent (89%)" insert "ninety-two percent (92%)".
Page 116-line 30 Delete "five and one-half percent (5.5%)" insert "four percent (4%)".
Page 117-line 20 Delete "five and one-half percent (5.5%)" insert "four percent (4%)".
To the extent required by this amendment: adjust totals; and renumber as necessary. HARSHMAN, CRAFT, PEDERSEN, STEWARD
HB0001H3016/ADOPTED
[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/ADOPTED (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/ADOPTED
[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/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Blake, Brown, Byrd, Cannady, Carson, Connolly, Craft, Davison, Diercks, Esquibel, K., Gilmore, Goggles, Hales, Harvey, Jaggi, Jorgensen, Kimble, Landon, McKim, McOmie, Millin, Moniz, Patton, Roscoe, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Anderson, R., Berger, Blikre, Bonner, Brechtel, Buchanan, Childers, Cohee, Edmonds, Gingery, Hammons, Harshman, Illoway, Lockhart, Lubnau, Madden, Miller, Peasley, Pedersen, Petersen, Quarberg, Semlek, Shepperson, Simpson, Steward, Stubson and Teeters
Excused: Representative(s) Hallinan and Philp
Ayes 31 Nays 27 Excused 2 Absent 0 Conflicts 0
HB0001H3020/ADOPTED
[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
HB0001H3021/FAILED
[BUDGET AFFECTED]
Budget(s): Section 006. Administration and Information
(Employees Group Insurance)
Delete the Harshman, et al., second reading amendment (HB0001H2020/A). THRONE
HB0001H3022/ADOPTED
[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
HB0001H3023/FAILED
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
Page 125-After line 13 Insert the following new section and renumber as necessary:
"[APPROPRIATION TO WATER DEVELOPMENT ACCOUNT III]
Section 336.
There is appropriated from the general fund to water development account number III, created by W.S. 41‑2‑124(a)(iii), eight million two hundred seven thousand five hundred dollars ($8,207,500.00)." WALLIS
2/25/2010 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller, Millin, Moniz, Patton, Pedersen, Petersen, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Anderson, R., Peasley and Quarberg
Excused: Representative(s) Gilmore, Hallinan, Philp and Wallis
Ayes 53 Nays 3 Excused 4 Absent 0 Conflicts 0
HB0001H3024/ADOPTED
[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
HB0001H3025/FAILED
[BUDGET AFFECTED]
Budget(s): Section 067. University of Wyoming
(State Aid)
Page 35-line 5 After "1." insert ", 3.".
Page 35-After line 26 Insert:
"3. The university, through the office of academic affairs, shall evaluate the feasibility and associated costs of establishing one (1) or more nuclear engineering concentrations within existing degree programs and shall report the findings of the study, including a review by the university of Wyoming board of trustees, to the joint appropriations interim committee and the joint minerals, business and economic development interim committee by October 31, 2010.".
To the extent required by this amendment: adjust totals; and renumber as necessary. HARSHMAN, LOCKHART, MILLER
HB0001H3027/FAILED
[BUDGET AFFECTED]
Budget(s): Section 060. State Lands and Investments
(Mineral Royalty Grants)
Page 33-line 23 After "Royalty Grants" insert "2."; Under OTHER FUNDS increase amount by "6,000,000SO".
Page 34-after line 2 Insert "2. From funds within the permanent Wyoming mineral trust fund reserve account which, except for section 301 of this act would be deposited to the permanent Wyoming mineral trust fund pursuant to W.S. 9-4-719(b) on June 30, 2010, there is appropriated six million dollars ($6,000,000.00) to the local government capital construction account funded by W.S. 9-4-601(a)(vi) and 39-14-801(e)(xi), to be expended for grants and loans in accordance with W.S. 9-4-604. Funds appropriated under this footnote shall be deposited to the capital construction account only after the appropriation of funds from the reserve account under section 335 of this act is satisfied.".
To the extent required by this amendment: adjust totals; and renumber as necessary. BARBUTO, SEMLEK
HB0001H3028/ADOPTED
[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/ADOPTED (CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): Section 327. [DISTANCE EDUCATION]
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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brown, Byrd, Carson, Childers, Connolly, Craft, Esquibel, K., Gilmore, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Millin, Moniz, Patton, Pedersen, Roscoe, Simpson, Steward, Thompson, Throne and Zwonitzer, Dn.
Nays: Representative(s) Anderson, R., Brechtel, Buchanan, Cannady, Cohee, Davison, Diercks, Edmonds, Gingery, Jaggi, Madden, McKim, McOmie, Miller, Peasley, Petersen, Quarberg, Semlek, Shepperson, Stubson, Teeters, Wallis and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 35 Nays 23 Excused 2 Absent 0 Conflicts 0
HB0001H3030/ADOPTED
[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
HB0001H3031/FAILED
[BUDGET AFFECTED]
Budget(s): Section 335. [LOCAL GOVERNMENT DISTRIBUTIONS]
[CITY AND TOWN REVENUE CHALLENGED ALLOCATIONS]
[COUNTY REVENUE CHALLENGED ALLOCATIONS]
Page 121-line 3 After "section" insert "plus an additional three million dollars ($3,000,000.00), which is hereby appropriated from the general fund,".
Page 124-line 10 After "section" insert "plus an additional three million dollars ($3,000,000.00), which is hereby appropriated from the general fund,".
To the extent required by this amendment: adjust totals; and renumber as necessary. CARSON, CONNOLLY
HB0001H3032/ADOPTED (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/ADOPTED
[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
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Berger, Blake, Blikre, Brown, Byrd, Cannady, Carson, Cohee, Connolly, Craft, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Jorgensen, Kimble, Landon, Lubnau, Millin, Moniz, Patton, Roscoe, Simpson, Thompson, Wallis and Zwonitzer, Dn.
Nays: Representative(s) Anderson, R., Bonner, Brechtel, Buchanan, Childers, Davison, Illoway, Jaggi, Lockhart, Madden, McKim, McOmie, Miller, Peasley, Pedersen, Petersen, Quarberg, Semlek, Shepperson, Steward, Stubson, Teeters, Throne and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 34 Nays 24 Excused 2 Absent 0 Conflicts 0
HB0001H3034/ADOPTED
[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/ADOPTED
[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
HB0001SS001/ADOPTED
Your Committee No. 2 on Appropriations has reviewed HB0001:
Pursuant to Joint Rule 14-1(e)(1)&(2) the following lists are provided:
Identical amendments
HB0001H2004/A amended by HB0001H3016/A
HB0001H2010/A
HB0001H2011/A
HB0001H2012/A amended by HB0001H3020/A
HB0001H2024/A
HB0001H2034/A
HB0001H2042/A deleted by HB0001H2009/AC
HB0001H2047/A
HB0001H3005/A
HB0001H3008/A
HB0001H3012/A
HB0001H3016/A amends HB0001H2004/A
HB0001H3020/A amends HB0001H2012/A
HB0001H3028/A
HB0001H3029/AC deletes HB0001H2017/A
HB0001H3034/A
The following are the other adopted amendments:
HB0001H2001/A
HB0001H2002/A
HB0001H2006/A
HB0001H2007/A
HB0001H2008/A
HB0001H2009/AC deletes HB0001H2042/A
HB0001H2017/A deleted by HB0001H3029/AC
HB0001H2018/A
HB0001H2020/A
HB0001H2021/A
HB0001H2023/A deleted by HB0001H3013/A
HB0001H2035/A
HB0001H2041.01/AC
HB0001H2048/A deleted by HB0001H3032/AC
HB0001H2050/AC
HB0001H3002/A
HB0001H3004/A
HB0001H3006/AC
HB0001H3010/A amended by HB0001H3024/A
HB0001H3013/A deletes HB0001H2023/A
HB0001H3017/AC
HB0001H3018/A
HB0001H3019/A
HB0001H3022/A
HB0001H3024/A amends HB0001H3010/A
HB0001H3030/A
HB0001H3032/AC deletes HB0001H2048/A
HB0001H3033/A
HB0001H3035/A
Senator Nicholas, Chairman
2/26/2010 Pursuant to JR 14-1 (f) (1) Referred directly to 3rd Reading
2/26/2010 Pursuant to JR 14-1 (f) (1) Referred Directly to JCC01
2/26/2010 S Appointed JCC01 Members
Senator(s) Nicholas, Massie, Meier, Peterson, Townsend
3/3/2010 H Adopted HB0001JC01
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller, Millin, Moniz, Patton, Peasley, Petersen, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan, Pedersen and Philp
Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0
3/3/2010 S Adopted HB0001JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Martin, Massie, Meier, Meyer, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern
Nays: Senator(s) Case and Larson
Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0
HB0001JC01/AA ADOPTED
Adopt the following House amendments:
HB0001H2006/A
HB0001H2007/A
HB0001H2008/A
HB0001H2035/A
HB0001H2050/AC
HB0001H3002/A
HB0001H3010/A
HB0001H3017/AC
HB0001H3018/A
HB0001H3024/A
HB0001H3035/A
Adopt the following Senate amendments:
SF0001S2002/A
SF0001S2005/A
SF0001S2009/A
SF0001S2014/A
SF0001S2016/A
SF0001S2018/A
SF0001S2024/A
SF0001S2031/A
SF0001S2039/A
SF0001S2045/A
SF0001S3003/A
SF0001S3004/A
SF0001S3008/A
SF0001S3022/A
SF0001S3023/A
SF0001S3024/A
SF0001S3025/A
SF0001S3026/A
SF0001S3027/A
SF0001S3028/A
SF0001S3029/A
Delete the following House amendments:
HB0001H2001/A
HB0001H2002/A
HB0001H2004/A
HB0001H2009/AC
HB0001H2010/A
HB0001H2011/A
HB0001H2012/A
HB0001H2017/A
HB0001H2018/A
HB0001H2020/A
HB0001H2021/A
HB0001H2023/A
HB0001H2024/A
HB0001H2034/A
HB0001H2041.01/AC
HB0001H2042/A
HB0001H2047/A
HB0001H2048/A
HB0001H3004/A
HB0001H3005/A
HB0001H3006/AC
HB0001H3008/A
HB0001H3012/A
HB0001H3013/A
HB0001H3016/A
HB0001H3019/A
HB0001H3020/A
HB0001H3022/A
HB0001H3028/A
HB0001H3029/AC
HB0001H3030/A
HB0001H3032/AC
HB0001H3033/A
HB0001H3034/A
Delete the following Senate amendments:
SF0001S2006/A
SF0001S2027/A
SF0001S2046/A
SF0001S3009/A
SF0001S3011/A
SF0001S3013/A
SF0001S3015/A
SF0001S3016/A
SF0001S3017/A
SF0001S3021/AC
SF0001S3032/A
Further amend as follows:
Page 10-line 18 After "CIO" insert "3.".
Page 11-After line 5 Insert:
"3. The chief information officer shall continue work toward completion and implementation of the Wyoming public finance website authorized under W.S. 9‑2‑1035 through 9‑2‑1037.".
Page 27-line 8 After "Health" insert "12."; Under OTHER FUNDS increase amount by "27,500TT".
Page 27-line 10 Under GENERAL FUND increase amount by "1,500,000".
Page 28-line 14 Delete "four million one hundred thousand dollars ($4,100,000.00)" insert "five million six hundred thousand dollars ($5,600,000.00)".
Page 29-After line 24 Insert:
"12. (a) Of this TT other funds appropriation, twenty-seven thousand five hundred dollars ($27,500.00) 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:
(i) Provide professional education on epilepsy for nurses, physicians, public schools, public school nurses and the general public;
(ii) Provide for support groups focused on epilepsy;
(iii) Increase awareness of epilepsy in Wyoming;
(iv) Provide educational programs for persons with epilepsy; and
(v) Provide better access to care for persons with epilepsy within Wyoming.".
Page 31-line 24 Delete "stray" insert "estray".
Page 34-line 2 After "rules." Insert "This footnote is effective immediately.".
Page 37-line 31 After "legislation." insert "This footnote is effective immediately.".
Page 65-line 15 Delete "3."; under OTHER FUNDS delete "SO" insert "S3".
Page 66-lines 1 through 9 Delete.
Page 80-line 29 Before "No" insert "(a)".
Page 81-After line 13 Insert:
"(b) The governor shall convene a committee to initiate planning for the transformation and consolidation of state information technology programs. The committee shall include representatives from state agency information technology staff, and shall examine consolidation measures which may improve services, eliminate redundant activities, and leverage state resources in the delivery of improved technology solutions for state operations. The committee shall be directed by the office of the governor and staffed by the chief information officer and others, as appointed by the governor. The committee shall offer initial recommendations to the governor prior to July 1, 2010, and shall submit final recommendations to the governor and the joint appropriations interim committee no later than October 1, 2010. The report shall include recommendations to provide more effective and efficient information technology services including, but not limited to, use of shared services, facilities and personnel, and recommendations to provide better accountability and management. Agencies shall participate in the consolidation program and provide assistance and support to the committee as required by the committee. This subsection is effective immediately.".
Page 88-line 14 After "subsection (c)" insert "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.".
Page 103-lines 22 through 31 Delete.
Pages 104-line 1 through Page 112-line 26 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 or encumber up to eleven million seven hundred fifteen thousand nine hundred twelve dollars ($11,715,912.00) 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
324 Johnson #1 Future Elementary School $ 428,000
N/A Campbell #1 Future Elementary School $ 330,000
Total $ 758,000
(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 thirty-three million one hundred eighty-one thousand seven hundred seven dollars ($133,181,707.00) 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
27 Sheridan #2 Elementary School $ 11,490,790
30 Park #1 Westside Elementary School $ 11,411,355
Total $134,183,852
(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
35 Sweetwater #1 New 5-6 Elementary School $ 14,311,039
40 Campbell #1 Lakeview Elementary School $ 14,943,202
Total $ 29,254,241
(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 subsections (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) 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.
(m) This section is effective immediately.".
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, taxpayers 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 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, modified or maintained;
(ii) Evaluate school districts' divergence from the educational model and assess the effects of the divergence on a cost-based quality education;
(iii) Review recommendations from teachers and administrators 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 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 education.
(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.
Page 115-line 7 Delete "subsection" insert "section".
Page 116-line 20 Delete entirely and insert "sixty-seven million four hundred fifty-six thousand five hundred sixty dollars ($67,456,560.00)".
Page 125-After line 13 Insert the following new sections and renumber as necessary:
"[OUT OF STATE TRAVEL AND PUBLICATIONS RESTRICTIONS]
Section 336.
(a) For the period beginning July 1, 2010 and ending March 31, 2011, no expenditure of funds in excess of the amounts provided in this section, appropriated under this act, shall be made for out of state travel, publications or advertising without the approval of the director of the agency 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. Each 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 a report to the department of administration and information by December 1, 2010, setting out 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 in excess of the amounts provided in this section, 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;
(iii) Expenditure of funds subject to this section shall include only:
(A) For out of state travel, those expenditures in excess of one thousand dollars ($1,000.00) as payment or reimbursement for any one (1) individual employee for any single out of state trip;
(B) For publications, those expenditures in excess of five thousand dollars ($5,000.00) for any single issue of a publication;
(C) For advertising, those expenditures in excess of five thousand dollars ($5,000.00) paid to any single vendor for advertising services.
(d) The governor may by executive order exempt any agency from the requirements of this section, increase or decrease the amounts specified in paragraph (c)(iii) of this section or modify any of the reporting requirements of this section if he finds the data which would be provided would not be meaningful or the requirement is unduly burdensome. If the governor exempts an agency or modifies any amount or reporting requirement he shall report to the joint appropriations interim committee the exemption or modification and an explanation for the exemption or modification.
[SCHOOL FACILITIES COMMISSION-POST-AUDIT ACCOUNTING]
Section 337.
(a) Based upon findings and recommendations contained in the independent audit of the school facilities commission undertaken pursuant to 2009 Wyoming Session Laws, Chapter 207, Section 2, the department of audit shall conduct 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 accounting shall be undertaken in sufficient time to report findings to the select committee on school facilities by September 1, 2010.
(b) For the period beginning on the effective date of this section and ending December 31, 2010, and for purposes of conducting the accounting required under this section, the department of audit is authorized an additional two (2) part-time, time limited positions. Seventy thousand dollars ($70,000.00) is appropriated to the department of audit from the school capital construction account for purposes of this section.
(c) This section is effective immediately.
[STATE AGENCY CONTRACTUAL SERVICES]
Section 338.
(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 agency 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. Each 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 a report to the department of administration and information by December 31, 2010, setting out 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;
(ii) "Contract for services" means those contracts for services funded from 900 series appropriations;
(iii) "Director" means the director of the agency or the administrative head of the agency for those agencies with no director.
(d) The governor may by executive order exempt any agency from the requirements of this section or otherwise modify any of the reporting requirements of this section if he finds the data which would be provided would not be meaningful or the requirement is unduly burdensome. If the governor exempts an agency or modifies any reporting requirement he shall report to the joint appropriations interim committee the exemption or modification and an explanation for the exemption or modification.".
To the extent required: adjust totals; and renumber as necessary.
NICHOLAS, MASSIE, MEIER, PETERSON, BERGER, BUCHANAN, COHEE, HAMMONS, PEDERSEN
3/3/2010 Assigned Number HEA No. 0046
3/3/2010 H Speaker Signed HEA No. 0046
3/3/2010 S President Signed HEA No. 0046
3/5/2010 Governor Signed HEA No. 0046 with Line Item Veto
3/5/2010 Assigned Chapter Number
Chapter No. 0039 Session Laws of Wyoming 2010