ADOPTED SENATE AMENDMENTS
THURSDAY, FEBRUARY 17, 2011
HB0008SW001/A
[TO ENGROSSED COPY]
Page 3-ine 16 Before "Notwithstanding" insert "(a)".
Page 3-line 22 After "activity." insert "Any city or town may provide for licensure, permitting, certification, inspection, packaging or labeling pertaining to the preparation, serving, use, consumption or storage of foods at a traditional event or activity upon the adoption of an ordinance for that purpose.".
Page 3-line 22 After "preclude" insert ":
(i)".
Page 3-line 24 After "organizer" delete "." insert ";".
Page 3-after line 24 Insert:
"(ii) An agency from providing assistance or consultation to any city or town within the municipal boundaries of the city or town pursuant to a written agreement with the city or town.". BEBOUT
HB0008SW002/AE
[TO ENGROSSED COPY]
Page 5-line 21 After "Section 3." delete balance of line and insert "This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". GEIS
HB0013S2001/A
Page 1-line 2 After ";" and after the Senate Standing Committee Amendment (HB0013SS001/A) to this line, insert "clarifying success curriculum waivers;".
Page 1-line 8 In the Senate Standing Committee Amendment (HB0013SS001/A) to this line, after "and by creating a new paragraph (iii)" insert "and (f)(ii)".
Page 5-before line 1 insert:
"(f) The courses set forth as success curricula requirements under this article shall be aligned with the student content and performance standards established pursuant to W.S. 21‑2‑304(a)(iii). The department shall by rule and regulation:
(ii) Establish exceptions as necessary due to good cause to specific coursework within the success curriculum specified under this article for students attending or graduating from an eligible high school or a home-based educational program. The department shall waive any requirement for success curriculum coursework if, upon receipt of written certification by the superintendent of a district, that any required coursework was not made available by that district to a student; and". SCHIFFER, ROTHFUSS, COE
HB0020SS001/AE
[TO ENGROSSED COPY]
Page 2-line 9 After "services" insert "through a corporation, including a limited liability corporation, which corporation the relative may own,".
Page 2-line 14 After "services" insert "through a corporation, including a limited liability corporation, which corporation the relative may own,". SCOTT, CHAIRMAN
HB0050SS001/AE
[TO ENGROSSED COPY]
Page 1-line 7 Delete "appropriations" insert "an appropriation".
Page 1-line 14 Delete "(b)" insert "(c)".
Page 2-line 9 After "exchanges." insert "The insurance department shall administer the federal grant, subject to direction from the task force and the steering committee.".
Page 2-lines 11 through 13 Delete and insert:
"(c) There are created the Wyoming health benefit exchange task force and the Wyoming health insurance exchange steering committee. The task force shall become the steering committee on October 1, 2011. The committee and the task force shall consist of:".
Page 2-line 17 After "committee" insert "and the task force".
Page 2-line 21 After "committee" insert "and the task force".
Page 3-line 19 After "governor." insert "The governor shall appoint two (2) co-chairmen for the task force and the steering committee;".
Page 3-after line 19 Insert and renumber:
"(x) Two (2) at large members appointed by the governor if the governor chooses to do so.".
Page 5-lines 15 through 24 Delete and renumber.
Page 6-lines 6 through 10 Delete and renumber.
Page 6-lines 16 through 24 Delete and renumber.
Page 7-lines 1 through 7 Delete. SCOTT, CHAIRMAN
HB0074S2002/AE
[TO ENGROSSED COPY]
Page 1-line 1 After "marriage;" delete balance of line.
Page 1-line 2 Delete.
Page 1-line 3 Delete through "void;".
Page 1-line 4 Delete "and domestic civil unions".
Page 1-line 10 After "20-1-111" delete balance of line.
Page 1-line 11 Delete.
Page 1-line 12 Delete "subsection (h) are" insert "is".
Page 2-lines 13 through 23 Delete.
Page 3-lines 1 through 8 Delete. MEIER, PERKINS
HB0081SS001/AE
[TO ENGROSSED COPY]
Page 1-line 15 Delete "and".
Page 2-line 2 Delete "." insert "; and".
Page 2-after line 2 Insert:
"(iii) Less than one hundred sixty (160) acres.". CASE, CHAIRMAN
HB0088SS001/AE
[TO ENGROSSED COPY]
Page 1-line 3 After "services;" delete balance of line.
Page 1-line 4 Delete "members;".
Page 1-line 15 Delete "23-2-408(b),".
Page 4-line 1 Before "business" insert "outfitting".
Page 4-line 2 Before "business" insert "outfitting".
Page 5-line 8 After "packing services" insert "for the purpose of taking any big or trophy game animal".
Page 5-lines 19 through 24 Delete.
Page 6-lines 1 through 8 Delete. BURNS, CHAIRMAN
HB0088SW001/ACE CORRECTED
(CORRECTED COPY)
[TO ENGROSSED COPY]
Page 1-line 9 After "services;" insert "revising penalties;".
Page 1-line 14 After "W.S." insert "23‑2‑401(b),"
Page 2-line 2 After "23-2-417" delete "(b)".
Page 2-after line 2 Insert:
"23-2-401. Guides required; exceptions; issuance of resident guide license.
(b) Any
resident possessing a valid resident big or trophy game animal license may
apply for and receive a resident guide license. The resident guide license shall
be issued without charge or bond by the commission, any district supervisor or
resident game warden upon receipt of an affidavit from the resident stating the
names and addresses of the nonresident hunters to be guided, the game to be
hunted, the area to be hunted, and that the resident has not received nor will
accept directly or indirectly any direct financial compensation for his services as
a guide. A resident guide shall not guide more than two (2) nonresident hunters
in any calendar year on any national forest, wilderness area, national game
refuge, or national park, except as provided in W.S. 23-2-401, nor shall he
accept any compensation or gratuity for his services. The name and license
number of the nonresident hunter shall be placed on the back of the resident
guide license and stamped or signed by the issuer.".
Page 2-line 20 Delete "(c)" insert "(b) and (c)".
Page 8-after line 16 Insert:
"(a) Any
person violating any provision of this act is guilty of a misdemeanor
punishable by a fine of not to exceed two thousand
dollars ($2,000.00), imprisonment for not more than one (1) year, or both
five thousand dollars ($5,000.00).".
HICKS
HB0158S2001/A
Page 1-line 4 After "specified;" insert "specifying time limits for trust provisions regarding the management and sale of real property and mineral interests;".
Page 3-line 24 Delete "(a) and (c)" insert "(a), (c) and (e)".
Page 4-after line 3 Insert:
"(e) No trust shall contain restrictions on the sale or specific management of real property, including mineral interests, which are in effect for longer than twenty-one (21) years after the life of the youngest trust beneficiary. This prohibition applies whether the real property is owned directly or through another entity. A trust may contain general durable restrictions or guidelines as to the degree of prudence or risk taking to be used in the management of real property or mineral interests.". SCOTT
HB0217SS001/AE
[TO ENGROSSED COPY]
Page 3-line 10 Delete "fifty thousand dollars" insert "twenty-four thousand five hundred dollars ($24,500.00)".
Page 3-line 11 Delete "($50,000.00)". NICHOLAS, CHAIRMAN
HB0246SS001/AE
[TO ENGROSSED COPY]
Page 2-line 19 Delete "(iii)" insert "(viii)". SCHIFFER
SF0001S3001/AC CORRECTED
(CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 83-After line 1 Insert the following new section and renumber as necessary:
"[MUNICIPAL SOLID WASTE LANDFILL ACCOUNT]
Section 351.
There is appropriated fifteen million dollars ($15,000,000.00) from the budget reserve account to the municipal solid waste landfill account, which is hereby created. Amounts from the account shall only be expended for the remediation of high priority municipal solid waste landfill sites based on a priority list developed by the department of environmental quality and approved by the legislature. Remaining balances in this account shall not revert until further action of the legislature. The governor shall include additional funding of not less than fifteen million dollars ($15,000,000.00) per year for this account for ongoing remediation efforts in his 2013-2014 budget recommendations.".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS, BEBOUT
SF0001S3004/A
[BUDGET AFFECTED]
Budget(s): 045. Department of Transportation
(GF Appropriation to Commission)
* * * * * * * * * *
Page 24-line 7 Delete "six million dollars ($6,000,000.00)" insert "three million dollars ($3,000,000.00)". PERKINS, HASTERT
SF0001S3006/A
[BUDGET AFFECTED]
Budget(s): Section 067. UNIVERSITY OF WYOMING
(State Aid)
* * * * * * * * * *
Page 35-line 9 After "4." Insert ", 5.".
Page 37-After line 2 insert:
"5. On or before December 1, 2011, the university shall report to the joint appropriations and joint education interim committees on university programs and student services which assist or support student academic success, together with recommendations for improvement of student year-to-year retention and completion of degree programs. The report shall provide the committee with a comprehensive review of existing programs and services, an evaluation of program effectiveness and recommended measures required to improve student retention and degree completion.".
To the extent required by this amendment: adjust totals; and renumber as necessary. JENNINGS
SF0001S3008/A
[BUDGET AFFECTED]
[CAPITAL CONSTRUCTION]
Budget(s): Section 006. Administration and Information
(A&I Safeway Bldg.-Level I and II Design)
* * * * * * * * * *
Page 49-line 8 After "Design" insert "8.".
Page 52-After line 5 Insert:
"8. Prior to the completion of the Level II design for the Safeway building site, the state building commission shall hold public hearings and receive public comment pursuant to W.S. 9-5-107(f), 9-5-108(b)(ii), and chapter IV of the rules and regulations of the state building commission.".
To the extent required by this amendment: adjust totals; and renumber as necessary. ESQUIBEL, EMERICH, JOHNSON, NUTTING
SF0001S3009/A
[BUDGET AFFECTED]
[CAPITAL CONSTRUCTION]
Budget(s): 057. Community College Commission
(NWCCD Big West Academic Center)
* * * * * * * * * *
Delete the Schiffer, et al., Second Reading Amendment (SF0001S2009.02/AC) entirely. Further amend as follows:
Page 52-line 15 Under GENERAL FUND increase amount by "7,500,000"; Under OTHER FUNDS decrease amount by "7,500,000PR".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3010/A
[MULTIPLE BUDGETS AFFECTED]
Budget(s): 335. [LOCAL GOVERNMENT DISTRIBUTIONS]
342. Local Government Distributions – II
* * * * * * * * * *
Delete the Cooper Second Reading Amendment (SF0001S2010/A) entirely and further amend as follows:
Page 55-line 2 After "330" insert ", 335(a)(intro), (b)(intro), (c)(intro), (d)(intro) and (e)(intro)".
Page 58-After line 9 Insert:
"[LOCAL GOVERNMENT DISTRIBUTIONS]
Section 335.
(a) 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 twenty million dollars ($20,000,000.00) and from the general fund there is appropriated sixty-seven million four hundred fifty-six thousand five hundred sixty dollars ($67,456,560.00) to be distributed in two (2) equal payments as provided in subsections (b) through (e) of this section. Additionally, for fiscal year 2012 only, from the general fund there is appropriated ten million dollars ($10,000,000.00) which shall be distributed in the manner provided in subsections (b) through (e) of this section, except that the entire distribution of these additional general funds shall occur on August 15, 2011. The appropriations in this section shall be to the office of state lands and investments to be allocated pursuant to the following and as further provided in this section:
[CITY AND TOWN DIRECT DISTRIBUTION ALLOCATIONS]
(b) Funds appropriated in paragraph (a)(i) of this section are to be distributed to cities and towns in two (2) equal distributions on August 15, 2010 and on August 15,2011, except the additional general funds specified in the introductory subsection (a) of this section shall be distributed in a single distribution on August 15, 2011, subject to the following:
[COUNTY DIRECT DISTRIBUTION ALLOCATIONS]
(c) Funds appropriated in paragraph (a)(ii) of this section are to be distributed to counties in two (2) equal distributions on August 15, 2010 and on August 15, 2011, except the additional general funds specified in the introductory subsection (a) of this section shall be distributed in a single distribution on August 15, 2011. From these distributions each county shall receive the following:
[CITY AND TOWN REVENUE CHALLENGED ALLOCATIONS]
(d) Funds appropriated in paragraph (a)(iii) of this section are to be distributed to eligible cities and towns in two (2) equal distributions on August 15, 2010 and on August 15, 2011, except the additional general funds specified in the introductory subsection (a) of this section shall be distributed in a single distribution on August 15, 2011, subject to the following:
[COUNTY REVENUE CHALLENGED ALLOCATIONS]
(e) Funds appropriated in paragraph (a)(iv) of this section are to be distributed to eligible counties in two (2) equal distributions on August 15, 2010 and on August 15, 2011 , except the additional general funds specified in the introductory subsection (a) of this section shall be distributed in a single distribution on August 15, 2011. The office of state lands and investments shall calculate the amounts to be distributed to eligible counties as determined by this subsection as follows:".
To the extent required by this amendment: adjust totals; and renumber as necessary. DOCKSTADER, ANDERSON, BEBOUT, COOPER
SF0001S3011/A
[BUDGET AFFECTED]
Budget(s): Section 343 [DATA CENTER RECRUITMENT]
* * * * * * * * * *
Page 62-After line 17 Insert:
"(b) Data storage, processing and service centers shall not be subject to the provisions of the Industrial Development Information and Siting Act, W.S. 35-12-101 through 35-12-119, regardless of whether the cost of construction exceeds the threshold amount established pursuant to that Act. No impact assistance payments shall be made pursuant to W.S. 39-15-111(c) or 39-16-111(d) as a result of the construction of such a data center.". NICHOLAS, P
SF0001S3012/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 83-After line 1 Insert the following new section and renumber as necessary:
[Health education grants]
"Section 351.
[HEALTH EDUCATION GRANTS]
(a) There is appropriated one hundred thousand dollars ($100,000.00) from the general fund to the department of health, mental health and substance abuse division. This appropriation shall be for the period beginning with the effective date of this section and ending June 30, 2012. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2012. This appropriation shall not be included in the department of health's standard 2013-2014 budget. This appropriation shall be expended only to provide grants and other funding to law enforcement agencies or other nonprofit organizations which provide prevention education related to:
(i) Bullying, cyberbullying and internet safety;
(ii) Prescription, over-the-counter and other drug abuses and addictions; or
(iii) Decision making and positive, healthy choices.".
To the extent required by this amendment: adjust totals; and renumber as necessary. PERKINS, HASTERT
SF0001S3013/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 83-line 1 Insert the following new section and renumber as necessary:
"[REVIEW AND REORGANIZATION OF WYOMING PROFESSIONAL TEACHING STANDARDS BOARD]
Section 351.
(a) Effective immediately and until June 30, 2012, expenditures by the Wyoming professional teaching standards board and its staff from the board's account within the special revenue fund shall be subject to review by the state superintendent of public instruction and the governor's office. The state superintendent shall report to the governor if the board has failed to comply with informational requirements imposed upon the board by this subsection. Upon receipt of a report of noncompliance, the governor shall take appropriate action to restrict board expenditures until the board has complied with those requirements. The governor shall certify to the auditor any exercise of his authority granted under this subsection, and shall specify the nature and duration of any expenditure restriction. The board shall:
(i) In accordance with rules and regulations of the department of education, submit data elements collected from public school administrators, teachers and other school district personnel to the department of education for housing in the department's data base;
(ii) Provide other information which may be required by the department in responding to needs of the legislature in conducting studies required by 2011 Senate File 0070 and 2011 House Bill 0127 as enacted into law.".
To the extent required by this amendment: adjust totals; and renumber as necessary. COE, HICKS
SF0001S3016/AC CORRECTED
(CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): Section 205. EDUCATION-SCHOOL FINANCE
(School Foundation Program)
* * * * * * * * * *
Page 45-line 4 After ", 3." insert ", 4.".
Page 47-Before line 2 Insert:
"4. Notwithstanding W.S. 21-13-313(g) and effective school year 2011‑2012, any amounts advanced from the school foundation program account to any school district under W.S. 21‑13‑313(g) shall assess an interest rate equal to the rate specified under W.S. 21‑13‑316 until the loan and interest are repaid in full. Any school district eligible under W.S. 21-13-313(g) shall notify the department of education on or before August 1, 2011, whether or not it elects to accept the advance.".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3018/A
[BUDGET AFFECTED]
Budget(s): Addition to 300 Sections
* * * * * * * * * *
Page 1-line 4 After "specified;" insert "providing transfers of certain funds as specified;".
Page 83-After line 1 Insert the following new section and renumber as necessary:
"[Transfer from permanent land income fund]
Section 351.
There is transferred from the omnibus permanent land income fund referenced by W.S. 9-4-310(c)(iv) to the omnibus permanent land fund referenced by W.S. 9-4-310(a)(x) seven million dollars ($7,000,000.00).".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3019/A
[BUDGET AFFECTED]
Budget(s): Section 003. STATE AUDITOR
(State Employee Compensation)
* * * * * * * * * * * * * *
Page 11-line 6 After "3." insert "(a)"; after "appropriation," delete balance of the line.
Page 11-line 7 Delete the line through "($7,704,495.00)" insert "seven million one hundred four thousand four hundred ninety-five dollars ($7,104,495.00)".
Page 11-after line 13 Insert:
"(b) Of this general fund appropriation, up to six hundred thousand dollars ($600,000.00) may be used for adjustments for judicial branch employees, subject to the following:
(i) Using the executive branch salary comparison study specified in part (a) of this footnote, the budget division and the human resources division of the department of administration and information shall work cooperatively with the supreme court and the district court judicial conference to determine a market pay equivalent for each judicial branch employee position;
(ii) The administrator of the human resources division shall certify to the governor's office a report including the division's final determinations under part (b)(i) of this footnote, specifying the position and market pay equivalent. The report also shall be provided to the joint appropriations interim committee;
(iii) The governor shall review the report and if he finds it accurately reflects market pay equivalents for the judicial employees, he may authorize the auditor to distribute to the supreme court funds appropriated under this part (b) for market pay adjustments for judicial branch employees, but no adjustment shall result in a salary in excess of the percentage of market pay adjustment provided to executive branch employees under part (a) of this footnote.
(c) Any funds not expended pursuant to part (b) of this footnote may be expended on executive branch adjustments as provided in part (a) of this footnote.".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS, MEIER
SF0001S3021/A
[MULTIPLE BUDGETS AFFECTED]
Section Under Consideration: [CAPITAL CONSTRUCTION]
Section: 057. COMMUNITY COLLEGE COMMISSION
(CC Student Union/UWCC Building)
Other Budget(s) Affected: [CAPITAL CONSTRUCTION]
Section: 067. UNIVERSITY OF WYOMING
(UW/Casper College Joint Facility)
* * * * * * * * * * * * * *
Page 52-line 10 After "Building" insert "4.".
Page 53-after line 7 Insert:
"4. The total cost of construction of the joint facility, including the university's contribution of funding shall not exceed thirty-two million dollars ($32,000,000.00).".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3023/A
[BUDGET AFFECTED]
Budget(s): 346. AML Funding - II
* * * * * * * * * *
Page 65-after line 10 Insert and renumber:
"(iii) Fifty million dollars ($50,000,000.00) to the department of administration and information for the Michael B. Enzi science, technology, engineering and mathematics (STEM) undergraduate teaching laboratory to be located on the University of Wyoming campus in Laramie as designated by the board of trustees of the university. The department of administration and information shall:
(A) Be the primary fiscal and contracting agent for the laboratory;
(B) Design and construct the laboratory to meet the programmatic needs specified by the University of Wyoming and to be consistent with campus construction standards, including landscaping; and
(C) Work in cooperation with and seek input from the University of Wyoming throughout the planning, design and construction process.".
Page 65-lines 17 and 18 Delete and renumber.
Page 66-line 1 Delete "(ii)" insert "(i)".
Page 66-line 5 Delete "(iii)" insert "(ii)".
Page 67-line 5 Delete "(d)(iii)(B)" insert "(d)(ii)(B)".
Page 67-line 19 Delete ", (ii) and (iii)" insert "and (ii)".
Page 68-line 1 After "subject to" insert "paragraph (c)(iii) and".
Page 68-line 6 Delete "(d)(i)" insert "(c)(iii)".
Page 68-line 8 Delete "(d)(ii)" insert "(d)(i)".
Page 68-line 10 Delete "(d)(iii)" insert "(d)(ii)".
Page 68-line 13 Delete including the Nicholas Second Reading Amendment (SF0001S2019/A) to this line and further amend as follows: insert "building specified in paragraph (c)(iii) of this section shall commence until after the city of Laramie has resolved to vacate Lewis street between ninth and fourteenth streets, subject to the following:
(i) The city may, if necessary, reserve easements for access and utilities;
(ii) The university shall offer to acquire all real property in Laramie located on Lewis street between tenth and fourteenth streets;
(iii) The university shall develop, in consultation with the city of Laramie, a plan for the vacated Lewis street to allow for access for transit buses and vehicles including for special events, for access for emergency and utility vehicles and for continued access to any remaining privately owned parcels;
(iv) The city may vacate Lewis street in stages to accommodate community needs;
(v) The university shall develop a plan to incorporate consistent landscaping for the growth of the campus to the north of Lewis street; and
(vi) The university shall report to the joint appropriations interim committee not later than December 1, 2011 regarding the status of any offers to affected real property owners, the vacation of Lewis street under this subsection and the landscaping and access plans required under this subsection.".
Page 69-line 4 Delete the Nicholas Second Reading Amendment (SF0001S2019/A) to this line and further amend as follows: delete "(c)(i)" insert "(c)(iii)".
Page 69-line 7 Delete the Nicholas Second Reading Amendment (SF0001S2019/A) to this line and further amend as follows: delete "(c)(i)" insert "(c)(iii)".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS
SF0001S3024/A
[MULTIPLE BUDGETS AFFECTED]
Section Under Consideration:
Section 048. DEPARTMENT OF HEALTH
(Health Care Financing)
Other Budget(s) Affected:
Section 306. [MEDICAID CONTINGENCY APPROPRIATIONS]
* * * * * * * * * *
Page 25-line 16 Under GENERAL FUND increase amount by "25,000,000"; Under FEDERAL FUND increase amount by "25,000,000".
Page 56-lines 5 Strike "CONTINGENCY APPROPRIATIONS" insert "PLAN".
Page 56-lines 9 through 19 Strike and delete entirely.
Page 57-line 1 Delete "(b)".
To the extent required by this amendment: adjust totals; and renumber as necessary. NICHOLAS, SCOTT