ADOPTED HOUSE AMENDMENTS

 

MONDAY, FEBRUARY 27, 2012

 

HB0001H3001/A

 

[BUDGET AFFECTED]

 

Budget(s):        326.  LOCAL GOVERNMENT DISTRIBUTIONS – II

[CAPITAL PROJECT FUNDING]

 

* * * * * * * * * *

 

Page 126-line 14                      After "subsection." insert "As determined by the governing body in each county, amounts granted to a recipient governing body for a future project for which the funds will not be formally encumbered during the 2013-2014 biennium, shall not revert.".

 

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

 

 

HB0001H3002/A

 

[BUDGET AFFECTED]

 

Budget(s):        049.  DEPARTMENT OF FAMILY SERVICES

(Services)

 

* * * * * * * * * *

 

Page 34-line 5                          After "Services" insert "3.".

 

Page 34-after line 28                Insert:

 

"3. Through June 30, 2014, the department shall limit the number of residential treatment facilities and group homes certified as child caring facilities under W.S. 14-4-101 and the overall capacity of those residential treatment facilities and group homes to the level of such facilities and beds that were certified as of January 1, 2012.".

 

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

 

 

HB0001H3003/A

 

 

[BUDGET AFFECTED]

 

Budget(s):        Section 067.  UNIVERSITY OF WYOMING

(State Aid)

(School of Energy Resources)

 

* * * * * * * * * *

 

Page 41-line 4                          Under GENERAL FUND decrease amount by "20,400,000".

 

Page 41-after line 5                  Insert:  "School of Energy Resources"; Under GENERAL FUND increase amount by "20,400,000".

 

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

 

 

HB0001H3009/AC

 (CORRECTED COPY)

 

[BUDGET AFFECTED]

 

Section 3.  Capital Construction

Budget(s):        Section 067.  UNIVERSITY OF WYOMING

(Performing Arts)

 

* * * * * * * * * *

Delete Lockhart et al. third reading amendment (HB0001H3004/A) entirely.

 

Further amend as follows:

 

Page 86-line 14                        Under GENERAL FUND decrease amount by "2,000,000".

 

Page 86-line 20                        Delete "sixteen million two hundred thousand" insert "fourteen million two hundred thousand dollars ($14,200,000.00)".

 

Page 86-line 21                        Delete "dollars ($16,200,000.00)".

 

Page 86-line 23                        After "footnote." insert "Not later than September 1, 2012, the university shall submit to the governor and the joint appropriations interim committee a plan for the performing arts facility renovation, including funding sources for the renovation. After the plan is submitted to the governor and the joint appropriations interim committee,"; delete balance of the line.

 

Page 86-lines 24 through 26    Delete entirely.

 

Page 86-line 27                        Delete "received,"; delete "matching".

 

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

 

 

HB0001H3011/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  Section 314.  [BUDGET REDUCTION AUTHORITY-REVENUE SHORTFALL]

 

* * * * * * * * * *

 

Page 103-line 8                        Delete "review all" insert "periodically review".

 

Page 103-line 9                        Delete "every six (6) months".

 

Page 103-line 10                      Delete "for the next six (6) month period".

 

Page 103-line 13                      Delete "for the next".

 

Page 103-line 14                      Delete "six (6) month period".

 

Page 103-line 15                      Delete "within sixty (60) days".  BUCHANAN, LUBNAU

 

 

HB0001H3013/AC

 (CORRECTED COPY)

 

 

[BUDGET AFFECTED]

[CAPITAL CONSTRUCTION]

 

Budget(s): 067. [UNIVERSITY OF WYOMING]

(UW Project Fund)

 

* * * * * * * * * *

 

 

Page 86-line 17                        Under GENERAL FUND decrease amount by "15,000,000".

 

Page 87-lines 17 through 20    Delete entirely and insert "5.  Five million dollars ($5,000,000.00) shall only be expended for long".

 

Page 87-line 23                        Delete ";" insert ".".

 

Page 87-lines 24 through 28    Delete entirely.

 

Page 88-lines 1 through 5        Delete entirely. 

 

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

 

 

HB0001H3016/A

 

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

            Section 057.  COMMUNITY COLLEGE COMMISSION

(State Aid)

 

Other Budget(s) Affected:

Section 067.  UNIVERSITY OF WYOMING

(State Aid)

 

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

 

Page 37-line 18                        After "Aid" insert "1.".

 

Page 38-after line 5                  Insert:

 

"1.  For the 2013-2014 fiscal biennium, no funds generated by an increase in tuition or mandatory fees shall be used to provide any salary increase for community college employees.".

 

Page 41-line 4                                      After "Aid" insert "1.".

 

Page 41-after line 11                Insert:

 

"1.  For the 2013-2014 fiscal biennium, no funds generated by an increase in tuition or mandatory fees shall be used to provide any salary increase for university employees.".

 

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

 

 

HB0001H3026/A

 

[BUDGET AFFECTED]

 

Budget(s):                    048.  Department of Health

                                                (Public Health)

 

* * * * * * * * * *

 

Page 30-lines 7 through 26      In the Berger Second Reading Amendment (HB0001S2003/A) to these lines in section 048a created by that amendment:

 

                                                In the "Public Health" line item delete "3.".

 

Page 30-lines 7 through 26      In the Berger Second Reading Amendment (HB0001S2003/A) to these lines in section 048b created by that amendment:

 

                                                In the "Public Health" line item delete "3.".

 

Page 31-lines 20 through 23                Delete.

 

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

 

 

HB0001H3027/A

 

[BUDGET AFFECTED]

 

Budget(s):  048.           Department of Health

                                                (Public Health)

 

* * * * * * * * * *

 

Page 30-lines 7 through 26      In the Berger Second Reading Amendment (HB0001S2003/A) to these lines, in section 048a created by that amendment:

 

In the "Public Health" line item After "5" insert ", 12.".

 

Page 33-After line 18               Insert:

 

"12.  The public health division of the department of health shall compile available, published and peer reviewed studies concerning tobacco harm reduction information and present the results at the first scheduled meeting of the joint labor, health and social services interim committee during the 2012-2013 interim.".

 

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

 

 

HB0001H3030/A

 

 

[BUDGET AFFECTED]

 [CAPITAL CONSTRUCTION]

 

Budget(s):  Section:  067.  University of Wyoming

(Sheridan Agriculture Building)

 

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

 

Page 86-After line 17               Insert "Sheridan Agriculture Building 6."; Under GENERAL FUND increase amount by "1,800,000".

 

Page 88-After line 5                 Insert:

 

"6.  Of this general fund appropriation, one million eight hundred thousand dollars ($1,800,000.00) shall only be expended to acquire and renovate the Watt agriculture building in Sheridan and to construct support structures.".

 

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

 

 

HB0001H3033/A

 

[BUDGET AFFECTED]

Section 3.  CAPITAL CONSTRUCTION

 

Budget(s):                                066.  ADMINISTATION AND INFORMATION

            (Department of Health WSH Plan)

 

* * * * * * * * * * *

 

Page 84-line 21                        After "Plan." insert "6.".

 

Page 85-after line 26                Insert:

 

"6.  This general fund appropriation shall be to the department of administration and information to conduct a Master Plan Study to review the role and function of the Wyoming State Hospital, how it may change in the future, if and how structures or infrastructures will support those changes, and provide a cost effective plan that meets the current and future needs of the facility and the state. The plan shall include a Level II study for construction of a geriatric psychiatric building at the Wyoming State Hospital, in accordance with the study and report completed pursuant to Wyoming Laws 2006, Chapter 40, Section 1, which shall be considered a Level I study for purposes of W.S. 9-5-108.  The Level II study shall include those items identified in W.S. 9-5-108(a)(ii) to facilitate a Level III construction and operation plan.  The department of administration and information, in conducting the Master Plan Study and Level II study, shall cooperate and coordinate with the department of health.".

 

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

 

 

HB0001H3034/A

 

[BUDGET AFFECTED]

 

Budget(s):        027.  SCHOOL FACILITIES COMMISSION

(Major Maintenance)

 

* * * * * * * * * *

 

Page 23-line 17    After "Maintenance" insert "1."; Under OTHER FUNDS increase amount by "510,000S6".

 

Page 23-After line 24 Insert:

 

"1.  (a)  The school facilities commission shall:

 

(i)  Notwithstanding W.S. 21-3-110(a)(x), from the school capital construction account appropriation, distribute up to two hundred fifty-five thousand dollars ($255,000.00) each fiscal year of the 2012-2013 biennium to each school district with a charter school, approved and operating in the 2011-2012 school year in accordance with W.S. 21-3-301 through 21-3-314, in the district which requires a lease for operation of the charter school's educational program. Lease payments under this footnote shall include the total costs of the base rent, additional rent for tenant improvements and any common maintenance costs, if applicable. The amounts expended under this paragraph shall be reduced to the extent the amounts are duplicative of any costs funded or paid for by alternative mechanisms.  The funds appropriated under this paragraph, shall be distributed to qualifying school districts based upon the proration of the total qualifying costs of all qualifying school districts;

 

(ii)  In addition to paragraph (i) of this footnote and notwithstanding W.S. 21-3-110(a)(x), the commission shall for each fiscal year of the 2012-2013 biennium, expend an amount necessary to include the total allowable square footage of each charter school qualifying under paragraph (i) in the computation of the major maintenance payment under W.S. 21-15-109, to each district in which a qualifying charter school, as provided by paragraph (i) of this footnote, is operating.  The amounts expended under this paragraph shall be reduced to the extent the amounts are duplicative of any maintenance costs included in the lease payments under paragraph (i) of this footnote or any costs funded or paid for by alternative mechanisms;

 

(iii)  In accordance with this footnote, and notwithstanding W.S. 21-15-101 through 21‑15‑123, school districts shall include requests by charter schools approved under W.S. 21-3-301 through 21-3‑314 which receive lease payments in accordance with paragraph (i) of this footnote for the inclusion of the purchase of such facilities in school district facility plans submitted to the school facilities department in accordance with W.S. 21‑15‑116. Any request for purchase of a building for operation of a charter school shall include documentation of the economic feasibility of the purchase and evidence that the purchase will result in an economic savings to the state. In addition, plans shall describe the resolution of any potential existing leaseholder disputes or issues, if the purchase involves a facility with leaseholders other than the charter school. The school facilities department shall report to the joint appropriations committee and the select school facilities commission no later than September 15, 2012 regarding the inclusion of such a facility in a district's facility plan and accompanying request for purchase.  The State of Wyoming, through the Department of Administration and Information and the School Facilities Department, is authorized to negotiate the purchase of any such building and transfer ownership of such building to the school district following resolution of all commercial leasing issues.  For the biennium, square footage purchased in accordance with this paragraph shall not be included in any excess square footage determination and shall not be subject to the limitations imposed by W.S. 21-15-109(c).".

 

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

 

 

HB0001H3035/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  Section 001.  OFFICE OF THE GOVERNOR

(Administration)

 

* * * * * * * * * *

 

Page 5-line 11                          Under GENERAL FUND increase amount by "50,000".

 

Page 5-line 26              After "1" insert "(a)".

 

Page 6-after line 5                    Insert:

 

"(b)  Of this general fund appropriation, fifty thousand dollars ($50,000.00) shall only be expended for purposes of this footnote.  The governor's office may use funds appropriated with this footnote to encourage the development of liquid natural gas export facilities using Wyoming produced natural gas.  The governor's office may also use these funds to encourage the routing of tar sands oil pipelines through Wyoming to gulf coast refineries.".

 

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

 

 

 

HB0001H3036/A

 

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration: 

 

Section:                        Section 006. ADMINISTRATION AND INFORMATION

 

Other Budget(s)Affected:       

Section:                        Addition to 300 Sections [EDUCATIONAL LIAISON]

 

* * * * * * * * * *

 

 

Page 11-line 24            After "OCIO/ITD 3." Insert ",5.".

 

Page 13-After line 12 Insert:

 

"5.  (a)  Notwithstanding any other provision of law, the state chief information officer shall oversee, review and report on all aspects of administration and implementation of school finance and data collection required by W.S. 16-4-111(d), 21-2-202, 21-2-203, 21-3-117, 21-13-101 through 21-13-335 and in accordance with 2012 Senate File 33, as enacted into law, and Section 328 of this act and the related state longitudinal data system and associated infrastructure.

 

            (b)  The state chief information officer shall assess and identify the requirements necessary to facilitate the integrity, accuracy and security of all information and data utilized in calculation and distribution of payments to Wyoming school districts from the school foundation program account. This includes but is not limited to data and information collected by the department of education, the state superintendent, the professional teaching standards board and the state board of education which may be utilized in any manner to calculate payments from the school foundation program account to Wyoming school districts. The state chief information officer's access to information shall include but is not limited to student demographics, school district profiles, including budgets, directories and school configurations, certified and non-certified staff salaries, experience, education, vacancies, applicants, national board certified data, course inventory information, including career-vocational education, gifted and talented, special education, at-risk, extended day and summer school program data and reports as collected by the Wyoming department of education.

 

            (c)  All state agencies, boards, personnel, officials, Wyoming school districts and contractors shall cooperate with and provide all requested information to the state chief information officer in fulfilling the duties as required by this footnote.  The chief information officer, or his designee, shall be treated as an employee of the Wyoming department of education for the purpose of receiving access to the data and reports identified in this section and is hereby a school official with a legitimate educational interest and a state officer evaluating education programs. 

           

            (d)  Notwithstanding W.S. 9-1-603(a)(vi), the attorney general shall resolve any question related to the receipt, distribution or sharing of information obtained by the state chief information officer in reporting to the governor and the legislature in accordance with subsection (e) of this footnote.  

 

            (e)  No later than the fifteenth of every month, the state chief information officer shall report to the governor, the joint appropriations interim committee and the joint education interim committee, his findings regarding duties under this footnote."  

 

Page 131-After line 19             Insert the following new section and renumber as necessary:

 

"[EDUCATIONAL LIAISON]

 

            Section 329.

 

            (a) An educational liaison shall coordinate efforts by the legislature, the advisory committee to the select committee on statewide education accountability, the state superintendent of public instruction, the state board of education, and the Wyoming department of education as required Wyoming Accountability in Education Act, W.S. 21-2-204 and Section 328 of this act.  The educational liaison shall:

 

                        (i) Coordinate, collect and review all information, data and reports required by the Wyoming Accountability in Education Act to be submitted to a legislative committee or the legislature and compile feedback and suggestions for the legislature;

 

                        (ii) Provide periodic status reports on the execution of the Wyoming Accountability in Education Act by the state superintendent of public instruction, the state board of education and the Wyoming department of education;

 

                        (iii) Review all requests for proposals or information, contracts and agreements executed or proposed for execution for the purposes of carrying out the duties required by the Wyoming Accountability in Education Act;

 

                        (iv) Review applicable rules, regulations and policies related to implementation and administration of the Wyoming Accountability in Education Act; and

 

                        (v) Identify and request necessary background and supporting information from appropriate educational and state agencies to provide feedback and recommendations to the legislature. 

 

            (b)        All state agencies, boards, personnel, officials, Wyoming school districts and contractors shall cooperate with and provide all requested information to the education liaison in the most expedited manner possible. 

 

            (c)  The education liaison shall be treated as an employee of the Wyoming department of education and a school official with a legitimate educational interest evaluating education programs for purposes of requesting and receiving access to data and information.  Notwithstanding W.S. 9-1-603(a)(vi), the attorney general shall resolve any question related to the receipt, distribution or sharing of information obtained by the education liaison in fulfilling his duties under this section.

 

            (d)  Funds made available to the legislative service office under 2012 Senate File 57, Section 7(a), as enacted into law, and 2012 Senate File 90, Section 6, as enacted into law, may be used by that office to retain an at-will contract employee or consultant as determined by the management council to implement the purposes of this section."

 

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

 

 

 

HB0001H3039/A

 

 

[BUDGET AFFECTED]

 

Budget(s):        Section 160.  COUNTY & PROS ATTORNEYS

(Administration)

 

* * * * * * * * * *

 

Page 62-line 5                          After "Administration" insert "1."; Under GENERAL FUND increase amount by "658,927".

 

Page 62-after line 11                            Insert:

 

"1.  None of the funds appropriated with this footnote shall be expended on salary increases.".

 

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

 

 

HB0018H2001/A

 

 

Page 2-line 15                          After "include" insert "but not be limited to".  STUBSON, JAGGI

 

 

 

HB0034H2001/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 1-line 4                            Delete entirely.

 

Page 1-line 5                            Delete "specified;".

 

Page 2-line 15                          After "district" insert "."; delete "including".

 

Page 2-lines 16 through 24      Delete entirely.

 

Page 3-lines 1 through 16        Delete entirely.

                                               

Page 4-line 4                            After "district" insert "."; delete "including".

 

Page 4-lines 5 through 8                      Delete entirely.  STUBSON, GREEAR, BROWN.

 

HB0051H3001/AC

 

(CORRECTED COPY)

 

Page 1-line 3                            After "provisions;" insert "providing applicability".

 

Page 2-line 24                          After "provide" delete balance of the line.

 

Page 3-lines 1 through 11 Delete entirely.

 

Page 3-line 12                          Delete "facility." insert "evidence at the public hearing held pursuant to W.S. 35-12-110(f)(i) of the mitigated and unmitigated impacts that the construction will have on the counties, cities and towns determined by the industrial siting council to be affected by the construction of the industrial facility.  The industrial siting council shall review the evidence of the impacts and determine, applying a preponderance of evidence standard, the dollar amount of the unmitigated impacts.  The council shall state in the order issued under W.S. 35-12-113(a), the total dollar amount of the impact assistance payment and the reasons for determining that amount. The impact assistance payment shall be distributed by the state treasurer in an amount and on a schedule determined by the council, based on evidence presented at the hearing.  Under no circumstances shall the impact assistance payment exceed two and seventy-six one-hundredths percent (2.76%) of the total estimated material costs of the facility, as those costs are determined by the council.".

Page 6-line 22                          After "provide" delete balance of the line.

 

Page 6-lines 23 and 24             Delete entirely.

 

Page 7-lines 1 through 9                      Delete entirely.

 

Page 7-line 10                          Delete "facility." insert "evidence at the public hearing held pursuant to W.S. 35-12-110(f)(i) of the mitigated and unmitigated impacts that the construction will have on the counties, cities and towns determined by the industrial siting council to be affected by the construction of the industrial facility.  The industrial siting council shall review the evidence of the impacts and determine, applying a preponderance of evidence standard, the dollar amount of the unmitigated impacts.  The council shall state in the order issued under W.S. 35-12-113(a), the total dollar amount of the impact assistance payment and the reasons for determining that amount. The impact assistance payment shall be distributed by the state treasurer in an amount and on a schedule determined by the council, based on evidence presented at the hearing.  Under no circumstances shall the impact assistance payment exceed two and seventy-six one-hundredths percent (2.76%) of the total estimated material costs of the facility, as those costs are determined by the council.".

 

Page 9-After line 9 insert and renumber:

 

Section 3.  This act shall only apply to permits submitted to the council on or after the effective date of this act.  The impact assistance payment for industrial facilities which are not subject to this act shall be determined on the basis of the law as it existed prior to the adoption of this act.". 

 

Page 9-line 19                          Delete "3." insert "4.".  MADDEN

 

 

HB0062H2001/A

 

 

Page 2-After line 23                 Insert:

 

"(e)  The reasonable costs of production shall be borne by the party who applied for the subpoena.".

 

Page 3-line 5                Delete "offer to".

 

Renumber as necessary.  GREENE

 

HB0085H2001/A

 

 

Page 2-After line 16                 Insert "(b)  The task force shall elect a chairman from its members.".

 

Renumber as necessary.  MCOMIE.

 

 

HB0085H2002/A

 

 

Delete the Brown Committee of the Whole Amendment (HB0085HW001/A) entirely. KROEKER

 

 

HB0112H2001/A

 

 

Page 1-line 3                            After ";" insert "modifying application of provisions;".

 

Page 2-line 6                            Strike "through".

 

Page 2-line 7                            Strike "(g)" insert ", (f) or (g)(ii)".

 

Page 3-line 1                            Strike "through (g)" insert ", (f) or (g)(ii)".  NICHOLAS, GINGERY