ADOPTED HOUSE AMENDMENTS
MONDAY, MARCH 05, 2012
HB0121JC01/AA
|
HB0121JC01 |
TO ENGROSSED COPY |
Adopt the following Senate amendments:
HB0121S2002/AE
HB0121S3003/AE
Delete the following Senate amendments:
HB0121SS001/AE
HB0121SW001/AE
HB0121SW002/AE
HB0121S2001/AE
HB0121S3002/AE
HB0121S3005/AE
HB0121S3006/ACE
HB0121S3007.01/ACE
HB0121S3007.02/ACE
Further amend the ENGROSSED COPY as follows:
Page 1-line 5 After "funds;" insert "providing for an abandoned mine land funds balancing account;".
Page 2-line 13 Before "account" insert "reserve"; After "35-11-1210" insert "(a)".
Page 3-line 22 Delete “Nine million dollars ($9,000,000.00)” insert “Ten million dollars ($10,000,000.00)”.
Page 4-line 5 Delete "footnote" insert "paragraph".
Page 4-line 17 Delete "in" insert "to".
Page 5-lines 12 through 23 Delete entirely and insert:
"(iv) Six million dollars ($6,000,000.00) to the Wyoming wildlife and natural resources trust income account for project funding, except that that no funds appropriated under this paragraph shall be used to purchase or acquire conservation easements or other development rights;".
Page 9-After line 3 Insert:
"(iii) One million dollars ($1,000,000.00) to the department of transportation for a compressed natural gas fueling station and conversion of existing vehicles or purchase of new vehicles for the department or the University of Wyoming powered by compressed natural gas, subject to the following conditions:
(A) The construction and operation shall be subject to oversight by the department of administration and information;
(B) To the extent permissible under Wyoming law, the station shall be constructed by Wyoming residents as defined in W.S. 16-6-101(a)(i);
(C) The station shall be available to the university, the department of transportation, school districts, local governments and private payers using credit cards and shall be located to enhance usage by the public and private sectors;
(D) No expenditure for a natural gas fueling station shall be made unless authorized by the governor after the department of transportation and university explore the possibility of constructing and operating the station in conjunction with the private sector. After construction the station may be sold at any time;
(E) Any non-gifted proceeds from the sale of the station shall be deposited in the general fund.".
Page 9-line 5 Delete “(iii)” insert “(iv)”.
Page 9-line 8 Delete "this section" insert "section 1 of this act".
Page 9-line 10 Delete “(iv)” insert “(v)”.
Page 9-line 15 Delete “(v)” insert “(vi)”.
Page 12-line 10 Delete “Seven million dollars ($7,000,000.00)” insert “Nine million dollars ($9,000,000.00)”.
Page 13-line 10 Delete “utilized by the state of Wyoming” insert “transferred to the state of Wyoming upon abandonment of the project by the grantee”.
Page 13-line 21 Delete “(vi)” insert “(vii)”.
Page 14-line 5 Delete “(vii)” insert “(viii)”.
Page 14-line 12 Delete entirely and insert “(ix) Seven hundred thousand dollars ($700,000.00) to”.
Page 14-line 22 Delete entirely.
Page 14-line 23 Delete “($750,000.00)” insert “(x) One hundred thousand dollars ($100,000.00)”.
Page 15-line 11 Delete entirely and insert “(xi) Two hundred thousand dollars ($200,000.00) to”.
Page 16-line 11 Delete “(b)(iv)” insert “(b)(v)”.
Page 16-line 14 Delete “(b)(v)(C)” insert “(b)(vi)(C)”.
Page 16-line 17 Delete “(b)(vi)” insert “(b)(vii)”.
Page 16-line 20 Delete “(b)(vii)” insert “(b)(viii)”.
Page 17-lines 10 and 11 Delete entirely and insert "(c)(i),(ii), (iii) and (v) and section 2, paragraphs (b)(i), (ii), (iv), (v), (vi)(A), (viii), (ix) and (x) of this act".
Page 17-after line 11 Insert:
"Section 4. The governor may substitute funds from the 2012 Senate File 0001, section 2, section 045, department of transportation general fund appropriation to the commission, for any project funded with abandoned mine land funds in this act in order to expedite expenditure of abandoned mine land funds as the governor determines necessary or convenient. Abandoned mine land funds received for a project for which general funds were substituted pursuant to this section shall be distributed to the transportation commission upon receipt. Any substitution of funds pursuant to this section shall be in accordance with the b-11 process authorized by W.S. 9-2-1005(b)(ii) and shall be reported by the governor to the joint appropriations committee in the monthly report provided by W.S. 9-2-1005(o).
Section 5.
(a) From funds within the abandoned mine land funds balancing account created as W.S. 35-11-1210(e) under section 6 of this act, there is appropriated, as available:
(i) Fourteen million two hundred thousand dollars ($14,200,000.00) to the University of Wyoming for the performing arts building. The University of Wyoming may raise private funds and issue revenue bonds pursuant to W.S. 21-17-402 through 21-17-450 for amounts up to fourteen million two hundred thousand dollars ($14,200,000.00) for renovation and construction associated with the performing arts building. Any bonds issued shall be eligible for supplemental coverage in accordance with W.S. 9-4-1003. To the extent practicable, bond counsel used on the issuance of the revenue bonds for this project shall be resident to Wyoming;
(ii) Fifteen million eight hundred thousand dollars ($15,800,000.00) to an account which shall be held by the state treasurer for distribution to the University of Wyoming for construction costs of the engineering building as provided in this paragraph. The funds shall be available to be matched by qualifying contributions meeting the provisions of W.S. 21-16-1401 through 21-16-1403, including valuation of matching funds. Funds under this paragraph shall only be available for expenditure as specifically authorized by the legislature.
Section 6. W.S. 35-11-1210 by creating a new subsection (e) is amended to read:
35‑11‑1210. Abandoned mine land funds reserve account.
(e) There is created the abandoned mine land funds balancing account. Notwithstanding other provisions of this section, the legislature may deposit into the balancing account and appropriate therefrom funds as it determines appropriate to substitute for or supplement abandoned mine land funds received from the federal government, from the Surface Mining Control and Reclamation Act Amendments of 2006, Section 411(h)(1), pursuant to 2007 H.R. 6111.".
Page 17-line 13 Delete "Section 4." Insert "Section 7.".
Page 18-line 9 Delete "Section 5." Insert "Section 8.". BERGER, TEETERS, WALLIS, NICHOLAS, P., BEBOUT, ROSS
SF0001JC01/AA
Adopt the following Senate Amendments:
SF0001S2005/A
SF0001S3002/A
SF0001S3012/A
SF0001S3016/A
SF0001S3017/A
SF0001S3022/A
Adopt the following House Amendments:
HB0001H2005/A
HB0001H2007/A
HB0001H2024/A
HB0001H2025/A
HB0001H2026/A
HB0001H2031/A
HB0001H2035/A
HB0001H2040/A
HB0001H2042/AC
HB0001H2043/A
HB0001H2048/A
HB0001H3001/A
HB0001H3011/A
HB0001H3026/A
HB0001H3030/A
HB0001H3035/A
HB0001H3039/A
Delete the following Senate Amendments:
SF0001S2001/A
SF0001S2004/A
SF0001S2006/A
SF0001S2008/A
SF0001S2011/A
SF0001S2014.01/AC
SF0001S2015/A
SF0001S2016/A
SF0001S2017/A
SF0001S2019/A
SF0001S2022.01/AC
SF0001S2028/A
SF0001S2029/A
SF0001S2030/A
SF0001S2034.01/AC
SF0001S2034.02/AC
SF0001S3001.01/AC
SF0001S3001.02/AC
SF0001S3006/A
SF0001S3007/A
SF0001S3010/A
SF0001S3013/A
SF0001S3020/A
SF0001S3021/A
SF0001S3025/A
SF0001S3026/A
SF0001S3027/A
SF0001S3028/A
SF0001S3030/AC
SF0001S3031/A
SF0001S3033/A
SF0001S3034/A
Delete the following House Amendments:
HB0001HW001/A
HB0001H2003/A
HB0001H2006/A
HB0001H2008/A
HB0001H2009/A
HB0001H2010/A
HB0001H2019/A
HB0001H2022/A
HB0001H2023/A
HB0001H2028/A
HB0001H2030/A
HB0001H2039/A
HB0001H2041/AC
HB0001H2046/A
HB0001H3002/A
HB0001H3003/A
HB0001H3009/AC
HB0001H3013/AC
HB0001H3016/A
HB0001H3027/A
HB0001H3033/A
HB0001H3034/A
HB0001H3036/A
Further amend as follows:
Page 1-line 6 After "fees," insert "audits, duties,".
Page 10-line 10 After "Prog" insert "3.".
Page 11-lines 1 through 7 Delete and insert:
"3. (a) Amounts within units 6104, 6105, 6130, 6132, 6160 and 6373 of the WDE general fund and federal fund programs, as appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 005, and amounts within units 6173 and 6174 as appropriated in 2011 Wyoming Session Laws, Chapter 184, Section 5(d), and as appropriated for the fiscal biennium commencing July 1, 2012 and ending June 30, 2014, shall only be expended for education testing and assessment purposes. Unless approved for transfer under W.S. 9‑2‑1005(b)(ii), no funds appropriated within units 6104, 6105, 6130, 6132, 6160 and 6373 of the WDE general fund and federal fund programs, as appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 005, and units 6173 and 6174 as appropriated in 2011 Wyoming Session Laws, Chapter 184, Section 5(d), shall be expended for any purpose other than for education testing and assessment as required by law.
(b) Any unencumbered, unexpended, unobligated funds within units 6104, 6105, 6130, 6132, 6160 and 6373 of the WDE general fund and federal fund programs appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 005, and within units 6173 and 6174 as appropriated in 2011 Wyoming Session Laws, Chapter 184, Section 5(d), which are not expended on testing and assessments as identified in the agency's budget request for these units or as specified by law, together with any reversions of encumbered amounts from the 2011-2012 fiscal biennium, are reappropriated to the education testing and assessment account which is hereby created by this footnote within the state auditor's office. In addition, amounts appropriated within units 6104, 6105, 6130, 6160 and 6373 of the WDE general fund and federal fund programs appropriated for the fiscal biennium commencing July 1, 2012 and ending June 30, 2014, are as of the effective date of this footnote, reappropriated to this education testing and assessment account.
(c) Any unexpended, unencumbered, unobligated amounts within WDE general fund and federal fund programs which have been designated by the agency for teacher to teacher programs, including any amounts appropriated for these purposes in this act, shall be transferred to the education testing and assessment account created under this footnote.
(d) The department of audit shall audit the expenditure of amounts appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 005 within the WDE general fund and federal fund programs, together with amounts appropriated by 2011 Wyoming Session Laws, Chapter 184, Section 5(d), and shall ensure such amounts were expended for assessment and testing. In addition, the audit shall identify unexpended amounts and shall ensure the accuracy of amounts transferred to the education testing and assessment account under this footnote.
(e) Amounts expended from the education testing and assessment account created by this footnote shall be certified by the governor and shall be restricted to the costs of administration of testing and assessments imposed by 2012 Senate File 0057, as enacted into law, by 2011 Wyoming Session Laws, Chapter 184, and as otherwise required by law. Expenditures from this account shall require certification by the governor that amounts are necessary to fund testing and assessment required by law.
(f) The agency and the state auditor's office shall, to the extent authorized by law, direct any federal testing and assessment funds to be spent prior to the expenditure of any state funds for this purpose.
(g) This footnote is effective immediately.".
Page 11-line 18 After "Management" insert "5.".
Page 11-line 24 After "OCIO/ITD 3." Insert ",6.".
Page 13-After line 11 insert:
"5. The construction management division within the department of administration and information shall ensure that office space on the first floor of the Hathaway building is occupied as soon as possible. Office space may be made available to the department of education, as determined by the construction management division within the department of administration and information. This footnote is effective immediately.
6. (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 326 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 noncertified 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 footnote 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 20-line 22 After "than" delete "forty (40)" insert "forty-three (43)"; after "exceed" delete "forty (40)" insert "forty-three (43)".
Page 23-line 17 After "Maintenance" insert "1."; Under OTHER FUNDS increase amount by "510,000S6".
Page 23-After line 24 Insert:
"2. (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 2013-2014 fiscal 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 2013-2014 fiscal 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 committee 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).".
Page 24-line 6 After "Pipeline" insert "1.".
Page 24-after line 12 Insert:
"1. These funds are appropriated to the Gillette Madison Pipeline account established pursuant to W.S. 99‑3‑1405(a)(iv).".
Page 26-line 6 After "Projects" insert "2."; under GENERAL FUND increase amount by "1,000,000".
Page 26-after line 16 Insert:
"2. One million dollars ($1,000,000.00) of this general fund appropriation shall only be expended for pine bark beetle remediation.".
Page 29-line 15 After "Improvements" insert "3."; Delete "IS" insert "S0".
Page 30-after line 5 Insert:
"3. Of this other funds appropriation one million two hundred ninety-five thousand four hundred eighty-six dollars ($1,295,486.00)S0 are appropriated from interest earned in the 2011-2012 and previous fiscal biennia from deposits from the general fund to the highway fund, which interest would otherwise be credited to the state agency pooled interest earnings of the general fund. This footnote and the appropriation of associated funds are effective immediately.".
Page 30-lines 7 through 26 Delete and insert:
"Section 048a. DEPARTMENT OF HEALTH 10. FISCAL YEAR 2013
PROGRAM
Director's Office 10,599,214 401,410 129,832 AG
15,082 SR 11,145,538
Healthcare Finance1.,2.,13.,14. 286,887,308 330,461,164 16,195,495 SR
271,250 TT 633,815,217
Public Health 3.,4.,.5.,12. 19,917,584 30,492,347 2,897,455 A4
2,250 AG
6,812,094 SR
2,538,399 TT 62,660,129
Behavioral Health 6.,7.,8. 140,760,603 11,530,921 471,500 A4
25,000 AG
24,720,833 SR
525,712 T3
207,313 T4
12,400,008 TT 190,641,890
Aging 9. 19,366,025 8,907,694 12,500 AG
3,722,084 SR 32,008,303
TOTALS 477,530,734 381,793,536 70,946,807 930,271,077
AUTHORIZED EMPLOYEES
Full Time 1,411
Part Time 73
TOTAL 1,484
Section
048b. DEPARTMENT OF HEALTH 11. FISCAL YEAR 2014
PROGRAM
Director's Office 10,175,245 401,411 129,833 AG
15,081 SR 10,721,570
Healthcare Finance 1.,2.,13. 273,971,816 328,961,165 16,195,496 SR
271,250 TT 619,399,727
Public Health 3.,4.,5.,12. 19,120,879 30,492,346 2,897,455 A4
2,250 AG
6,812,095 SR
2,538,398 TT 61,863,423
Behavioral Health 6.,7.,8. 135,130,178 11,530,921 471,500 A4
25,000 AG
24,720,833 SR
525,711 T3
207,312 T4
12,400,009 TT 185,011,464
Aging 9. 18,591,384 8,907,693 12,500 AG
3,722,084 SR 31,233,661
TOTALS 456,989,502 380,293,536 70,946,807 908,229,845
Page 31-after line 23 Insert:
"3. Of this general fund appropriation, a total of four hundred thousand dollars ($400,000.00) shall only be expended in the 2013-2014 fiscal biennium for AIDS drug rebate program.".
Page 32-line 7 After "TT" insert "in total for the 2013-2014 fiscal biennium".
Page 32-line 12 After "($85,000.00)" insert "in total for the 2013-2014 fiscal biennium".
Page 33-after line 18 Insert:
"10. The amounts specified in this section 048a are appropriated for the period beginning July 1, 2012 and ending June 30, 2013.
11. The amounts specified in this section 048b are appropriated for the period beginning July 1, 2013 and ending June 30, 2014.
12. Of this general fund appropriation, a total of two hundred fifty thousand dollars ($250,000.00) shall only be expended in the 2013-2014 fiscal biennium for the purpose of developing a primary care medical home network in Wyoming.
13. Of this general fund appropriation, a total of sixty thousand dollars ($60,000.00) in the 2013-2014 fiscal biennium shall only be expended through developmental programs for hearing aids for early childhood intervention.
14. Of this appropriation, one million five hundred thousand dollars ($1,500,000.00) of the general fund appropriation and one million five hundred thousand dollars ($1,500,000.00) of the federal fund appropriation shall only be used in the 2013 fiscal year to reduce the waiting lists for the Medicaid child and adult developmental disability waivers and the acquired brain injury waivers.".
Page 34-line 4 After "PROGRAM" insert "3.".
Page 34-After line 28 Insert:
"3. Through the period ending June 30, 2014, the department shall limit the number of residential treatment facilities and group homes certified as child caring facilities under W.S. 14-4‑104 and the overall capacity of those residential treatment facilities and group homes to the levels that were certified as of January 1, 2012.".
Page 37-line 18 After "Aid" insert "1."; under GENERAL FUND increase amount by "7,500,000".
Page 38-after line 6 Insert:
"1. Of this general fund appropriation, seven million five hundred thousand dollars ($7,500,000.00) shall only be expended to address issues associated with enrollment growth and shall not be used for salary increases.".
Page 38-line 10 After "2." insert ", 3.".
Page 39-After line 20 Insert:
"3. The director of the office of state lands and investments shall review the control, leasing, exchange, care and disposal of all institutional acquired lands held by the department of family services, the department of health and the department of corrections to determine whether such lands are being managed for the highest best use. The director of the office of state lands and investments shall report to the joint minerals, business and economic development interim committee by October 1, 2012 regarding the results of the review required under this footnote. This footnote is effective immediately.".
Page 46-line 9 Delete ",2.".
Page 47-lines 15 through 24 Delete entirely.
Page 63-line 8 After "Reform" insert "2.".
Page 63-After line 22 Insert:
"2. (a) Amounts within units 4601 and 4603 of the education reform program, as appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 205, and as appropriated for the fiscal biennium commencing July 1, 2012, and ending June 30, 2014, shall only be expended for education testing and assessment purposes. Unless approved for transfer under W.S. 9‑2‑1005(b)(ii), no funds appropriated within units 4601 and 4603 of the education reform program, as appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 205, shall be expended for any purpose other than for education testing and assessment as required by law.
(b) Any unencumbered, unexpended, unobligated funds within units 4601 and 4603 of the education reform program appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 205, which are not expended on testing and assessments as identified in the agency's budget request for these units or as specified by law, together with any reversions of encumbered amounts from the 2011‑2012 fiscal biennium, are reappropriated to the education testing and assessment account within the state auditor’s office created by Section 2, Section 005, footnote 3 of this act. In addition, amounts appropriated within units 4601 and 4603 of the education reform program appropriated for the fiscal biennium commencing July 1, 2012, and ending June 30, 2014, are as of the effective date of this footnote, reappropriated to this education testing and assessment account.
(c) Any unexpended, unencumbered, unobligated amounts within this education school finance budget which have been designated by the agency for teacher to teacher programs, including any amounts appropriated for these purposes in this act, shall be transferred to the education testing and assessment account created under Section 2, Section 005, footnote 3 of this act.
(d) The department of audit shall audit the expenditure of amounts appropriated by 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 205, within the education reform program and shall ensure such amounts were expended for assessment and testing. In addition, the audit shall identify unexpended amounts and shall ensure the accuracy of amounts transferred to the education testing and assessment account created by Section 2, Section 005, footnote 3 of this act.
(e) Amounts expended from the education testing and assessment account created by Section 2, Section 005, footnote 3 of this act shall be certified by the governor and shall be restricted to the costs of administration of testing and assessments imposed by 2012 Senate File 0057, as enacted into law, by 2011 Wyoming Session Laws, Chapter 184 and as otherwise required by law. Expenditures from this account shall require certification by the governor that amounts are necessary to fund testing and assessment required by law.
(f) This footnote is effective immediately.".
Page 86-line 14 Delete "Performing Arts" insert "Engineering Building"; Under GENERAL FUND decrease amount by "2,000,000".
Page 86-line 17 Under GENERAL FUND decrease amount by "15,000,000".
Page 86-lines 20 through 29 Delete entirely and insert:
"1. This general fund appropriation shall be deposited to an account which shall be held by the state treasurer for distribution to the university of Wyoming for construction costs of the engineering building as provided in this footnote. The funds shall be available to be matched by qualifying contributions meeting the provisions of W.S. 21‑16‑1401 through 21‑16‑1403, including valuation of matching funds. Funds appropriated with this footnote shall only be available for expenditure as specifically authorized by the legislature.".
Page 87-lines 17 through 28 Delete entirely and insert:
"5. This general fund appropriation shall only be expended for long range infrastructure improvements by the university in accordance with the university's budget submitted to the joint appropriations committee for the 2013-2014 fiscal biennium.".
Page 88-lines 1 through 5 Delete entirely.
Page 89-lines 6 through 10 Delete entirely and insert:
"(a) The state auditor is authorized to transfer to the general fund, from any funds within the budget reserve account other than funds appropriated or transferred to the legislative stabilization reserve account, amounts to maintain an unencumbered, unobligated and unappropriated general fund balance adequate for cash flow needs.".
Page 89-after line 15 Insert:
"(c) Subject to the limitation under this subsection, there is appropriated from the general fund to the abandoned mine land funds balancing account created by W.S. 35‑11‑1210(e) an amount equal to the amount by which earnings from the permanent Wyoming mineral trust fund attributed to the 2012 fiscal year are in excess of the amount projected for such earnings in the consensus revenue estimating group's January 13, 2012 report. The appropriation under this subsection shall not exceed thirty million dollars ($30,000,000.00). An amount equal to the appropriation under this subsection shall be excluded in the calculation of fiscal year 2012 earnings from the permanent Wyoming mineral trust fund for purposes of distributions from the general fund to the permanent Wyoming mineral trust fund reserve account under W.S. 9‑4‑719(c). This subsection is effective immediately.
(d) There is appropriated on November 1, 2012, fifteen million dollars ($15,000,000.00) from the budget reserve account to the legislative stabilization reserve account.".
Page 92-before line 19 Insert "[RURAL FIRE DISTRICT GRANTS]".
Page 94-line 16 Delete "twenty-five million dollars ($25,000,000.00)" insert "one million twenty-six thousand seven hundred forty dollars ($1,026,740.00)".
Page 94-lines 24 through 29 Delete.
Page 95-lines 1 through 4 Delete.
Page 95-lines 6 Delete "(c)" insert "(b)".
Page 101-line 12 After "section" insert "." and delete balance of line.
Page 101-lines 13 through 29 Delete.
Page 102-lines 1 and 2 Delete.
Page 109-line 25 After "agencies," insert "except the department of health,".
Page 110-line 10 After "budgets" insert ", including the department of health,".
Page 131-After line 19 Insert:
"[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 by the Wyoming Accountability in Education Act, W.S. 21‑2‑204 and Section 326 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: adjust totals; and renumber as necessary. NICHOLAS, P., HASTERT, MEIER, PETERSON, VON FLATERN, BERGER, PEDERSEN, STEWARD, WALLIS.
SF0002HS001/A
Page 2-line 23 After "[1.]" insert "[2.]"; increase amount by "10,000".
Page 3-line 16 After "systems." Insert "In preparing for replacement of laptop computers for legislators in the 2015-2016 fiscal biennium, the Select Committee on Legislative Technology and Process shall consider making available computers using alternative operating systems for legislators requesting such systems so long as the alternative operating system is no more expensive than the replacement laptop computer.".
Page 3-After line 16 Insert:
"2. Of this amount, ten thousand dollars ($10,000.00) shall be used to purchase tablet computers for a pilot project for the Joint Appropriations Committee to connect to the legislative management system to access budget hearing materials electronically. The committee co-chairs and the legislative service office staff shall develop the implementation plan during the 2012 interim.".
To the extent required by this amendment: adjust totals; and renumber as necessary. BERGER, CHAIRMAN
SF0027H3001/AC
(CORRECTED COPY)
Page 1-line 10 After "16-4-405" insert "(a)(ix) and".
Page 5-after line 9 Insert:
"(a) A governing body of an agency may hold executive sessions not open to the public:
(ix) To consider or receive any information classified as confidential by law, including any privileged or communicative acts recognized as confidential under Wyoming law, including but not limited to W.S. 1-12-101 and 35-2-910;". LUBNAU, GREEAR
SF0034H2001/AE
[TO ENGROSSED COPY]
Page 2-line 17 After "stakeholder." delete the balance of the line.
Page 2-lines 18 through 23 Delete entirely including the house standing committee (SF0034HS0001/AE) amendment to these lines. GINGERY
SF0034H2002/AE
[TO ENGROSSED COPY]
Page 3-after line 21 Insert and renumber:
"(iv) The study shall examine the current disability waiver programs for increased efficiencies. The examination shall include the following items:
(A) Alternative service delivery methods;
(B) Means testing for household units of applicant children with developmental disabilities;
(C) Identification of essential versus optional services;
(D) Participation of clients in the cost of services through a sliding scale income qualification program;
(E) Identification of efficiency improvements that can be implemented currently versus those that can be implemented only upon renewal of waiver approval by the Centers for Medicare and Medicaid Services;
(F) The possibility of operating dual waiver programs simultaneously with differential eligibility and services features for current and new enrollees.". BUCHANAN, GINGERY
SF0034H2003/AE
[TO ENGROSSED COPY]
Page 4-line 8 After "models" insert ";" and delete balance of the line.
Page 4-lines 9 through 11 Delete entirely. BUCHANAN, GINGERY
SF0036H3001/A
Delete the Teeters second reading amendment (SF0024H2001/A) entirely. MCOMIE
SF0036H3002/A
Page 1-line 11 Delete "to" insert "provided that upon transfer to the state of Wyoming, the lands shall not be subject to any restriction which would substantially impair the use, enjoyment or subsequent transfer of the lands by the state of Wyoming and provided that upon transfer, the state shall have legal access to the lands, including the right of ingress and egress to the lands and legal access to a public road. The lands shall". SEMLEK
SF0038HS001/AE
[TO ENGROSSED COPY]
Page 1-line 14 After "(iii), insert "24-1-101(a),".
Page 1-line 17 Delete "35-2-912(f),".
Page 2-line 3 Delete "and" insert ","; after "41-10-151" insert "and 42-4-103(a)(xxv)".
Page 11-after line 18 Insert:
"24-1-101. Public highways defined and established; creation by adverse possession.
(a) On and after January 1, 1924, all roads within this state shall be highways, which have been or may be declared by law to be state or county highways. It shall be the duty of the several boards of county commissioners, within their respective counties, prior to said date, to determine what, if any, such roads now or heretofore traveled but not heretofore officially established and recorded, are necessary or important for the public use as permanent roads, and to cause such roads to be recorded, or if need be laid out, established and recorded, and all roads recorded as aforesaid, shall be highways. No other roads, except roads located on federal public lands prior to October, 1976 which provide access for a private residence or agricultural operation shall be highways upon acceptance by the board of county commissioners of the county where the road is located, shall be highways unless and until lawfully established as such by official authority. Except, nothing contained herein shall be construed as preventing the creation or establishment of a public highway right-of-way with reference to state and county highways under the common-law doctrines of adverse possession or prescription either prior to or subsequent to the enactment hereof. If any such board shall resolve the creation or establishment of a public highway right-of-way based upon the common-law doctrines of adverse possession or prescription, it shall, following the filing of a plat and accurate survey required in accordance with the terms and provisions of W.S. 24-3-109, proceed with the publication of the proposed road for three (3) successive weeks in three (3) successive issues of some official newspaper published in the county, if any such there be, and if no newspaper be published therein, such notice shall be posted in at least three (3) public places along the line of the proposed road, which notice shall be exclusive of all other notices and may be in the following form:
To all whom it may concern: The board of county commissioners of .... county has resolved the creation and establishment of a public highway right-of-way under the common-law doctrine of prescription in that the road was constructed or substantially maintained by the (either the state or county) for general public use for a period of (ten years or longer) said road commencing at .... in .... county, Wyoming, running thence (here describe in general terms the points and courses thereof), and terminating at ....
All objections thereto must be filed in writing with the county clerk of said county before noon on the .... day of .... A.D., ...., or such road will be established without reference to such objections.
....
County Clerk
Dated .... A.D.".
Page 18-line 23 Delete "33-13-109(c)(iv)" insert "39-13-109(c)(iv)".
Page 21-after line 15 Insert:
"42-4-103. Authorized services and supplies.
(a) Services and supplies authorized for medical assistance under this chapter include:
(xxv) Hospice
care as defined in W.S. 35-2-901(a)(xii) and authorized under 42 U.S.C. § 1396a(a)(10)(ii)(VII) 42 U.S.C. § 1396a(a)(10)(A)(ii)(VII);". BUCHANAN,
CHAIRMAN
SF0038HW001/AE
[TO ENGROSSED COPY]
Page 2-line 1 After "35-7-1014(d)(xxxv)," insert "35-17-106(a)(vi) and (vii),".
Page 17-after line 18 Insert:
"35-17-106. Election to be covered by federal immunity.
(a) The state of Wyoming elects to be immediately covered by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, as of the effective date of this section for all health care professional review bodies as defined in the act, for the applicable division of the department of health in its duties under W.S. 33-36-101 through 33-36-115 related to emergency medical services and for:
(vi) The
board of registration in podiatry, W.S. 33-9-101 through 33-9-113; and
(vii) The
board of chiropractic examiners, W.S. 33-10-101 through 33-10-117;. and". LUBNAU
SF0057H2001/AE
[TO ENGROSSED COPY]
Page 5-line 9 In the Standing Committee Amendment (SF0057HS001/AE) to this line, after "2001" insert "and the federal Individuals with Disabilities Education Act".
Page 57-line 19 Delete "eight (8) through" insert "nine (9) and".
Page 57-line 22 After "examination" insert "and the computer-adaptive college placement assessment.". TEETERS
SF0057H2002/AE
[TO ENGROSSED COPY]
Page 24-line 7 Delete first "and" insert ","; after "reliable" insert "and robust".
Page 38-line 9 After "valid" delete "and" insert ","; after "reliable" insert "and robust".
Page 38-line 14 After "." insert "More specifically, the writing and language assessment shall require objective measurement of written responses to informational and literary text and shall include writing tasks of varying length and genre including multiple choice testing writing conventions.". THRONE
SF0057H2003/ACE
(CORRECTED COPY)
[TO ENGROSSED COPY]
Page 4-line 4 Reinsert stricken "writing".
Page 4-line 5 After stricken "and" insert ","; delete "both grades" insert "grade"; after "and" insert "in reading and mathematics in grade".
Page 4-line 6 After "twelve (12)" delete balance of line.
Page 4-line 7 Delete "eleven (11)".
Page 5-line 1 After "examination" insert "in reading and mathematics". MADDEN, PATTON
SF0057H2004/AE
[TO ENGROSSED COPY]
Delete the standing committee amendment (SF0057HS001) entirely and further amend as follows:
Page 3-line 18 After "." strike the balance of the line.
Page 3-lines 19 through 22 Strike and delete entirely.
Page 3-line 23 Strike the line through".".
Page 5-line 1 Delete "or,"; after "if" insert "not".
Page 5-line 2 After "," insert "and may, if college ready, take".
Page 5-line 9 Delete the Teeters second reading amendment (SF0057H2001/AE) to this line. After "environment" insert ". Waivers may be granted for the examinations and tests required by this paragraph for students with disabilities in accordance with the provisions of the federal No Child Left Behind Act of 2001 and the federal Individuals with Disabilities Education Act. Alternative assessments and accommodations may be offered by the state superintendent in accordance with rule and regulation.".
Page 9-line 23 Delete "." insert ";".
Page 9-After line 23 insert:
"(vi) Readiness, as defined by ninth grade credit accumulation.".
Page 16-line 11 Delete "pursuant to W.S. 21-7-110".
Page 16-line 19 Delete "constitute" insert "require".
Page 19-line 20 After "(ii)" insert "In a manner to maintain student confidentiality,".
Page 20-line 14 After "outcomes" insert ". These reports shall be maintained by the district in each student's permanent record within the district's student data system".
Page 22-line 2 In the Connolly, Madden Committee of the Whole Amendment (SF0057HW001/AE) to this line, delete "interim"; after "benchmark" insert "adaptive".
Page 25-line 19 After "including" insert "multiple choice items. For the writing and language assessments only, item types may include".
Page 32-line 10 Delete "interim"; after "benchmark" insert "adaptive".
Page 32-line 11 Delete "kindergarten through grade" insert "grades three (3) through".
Page 32-line 12 Delete "three (3)" insert "two (2)".
Page 32-line 14 Delete "include" insert "continue the longitudinal study of summer school program effectiveness which uses a single".
Page 32-line 15 Delete "assessments" insert "adaptive assessment".
Page 37-line 8 Delete third "and".
Page 37-line 9 Delete "(b)(v)".
Page 38-line 16 Delete "on one (1) day".
Page 39-line 2 Delete "continue the administration of" insert "administer"; delete "pilot".
Page 39-line 3 Delete "administered in school year 2011-2012".
Page 39-line 4 Delete "and developed".
Page 39-line 5 Delete "Section 5(b)" and insert "Section 5(b)(v)". HARSHMAN
SF0058H2002/AE
[TO ENGROSSED COPY]
Page 6-line 4 After "111-148." insert "No state agency or person representing the state of Wyoming shall apply for a level one or level two establishment grant from the federal government until the United States supreme court rules in the case of Florida et al. v. United States Department of Health and Human Services, Docket No. 11-400.". GINGERY
SF0059HS001/AE
[TO ENGROSSED COPY]
Page 11-line 16 Delete "one hundred twenty percent (120%)" insert "one hundred five percent (105%)".
Page 12-line 7 Delete "twenty percent (120%)" insert "five percent (105%)".
Page 13-after line 8 Insert "(xv) Provided the requirements of paragraphs (xiii) and (xiv) of this subsection are met, the Wyoming retirement board may recommend to the governor and legislature the approval of a cost of living adjustment for any plan administered by the board.".
Page 16-line 21 Delete "shall" insert "may".
Page 16-line 22 After "session" insert "." and delete balance of the line. BERGER, CHAIRMAN
SF0065HS001/AE
[TO ENGROSSED COPY]
Page 2-line 3 Delete "accept an application" insert "solicit applications"; delete "submitted".
Page 2-line 4 Delete "the University of".
Page 2-line 5 Delete "Wyoming, other" insert "any".
Page 2-line 10 Delete "shall" insert "may".
Page 3-line 8 Delete "funds" insert "contributions".
Page 3-line 22 After "institutions" insert "or other qualified entities". SEMLEK, CHAIRMAN
SF0107HS001/AE
[TO ENGROSSED COPY]
Page 4-line 5 After "provide" insert "The preference created by this section shall be applied in a manner identical to the preference for residence contractors in W.S. 16-6-102.".
Page 7-line 8 Delete "Prior to final payment" insert "Along with each application for payment".
Page 7-line 12 After "requirements" insert "and includes residency status for each employee".
Page 7-line 20 Strike "person" insert "contractor".
Page 8-line 2 Delete "person's".
Page 8-line 6 Strike "person" insert "contractor".
Page 8-line 15 Delete "person" insert "contractor".
Page 9-line 2 Delete "person" insert "contractor".
Page 9-line 14 Delete "person" insert "contractor". BERGER, CHAIRMAN
SF0107HW001/AE
[TO ENGROSSED COPY]
Page 1-line 7 After "provisions;" insert "providing a definition;".
Page 1-line 13 After "(iii)," insert "16-6-202(a) by creating a new paragraph (iv) and renumbering paragraph (iv) as (v),".
Page 5-after line 9 Insert:
"16-6-202. Definitions.
(a) As used in this act:
(iv) "Contractor" means any general contractor or subcontractor;
(iv)(v)
"This act" means W.S. 16-6-201 through 16-6-206.".
Page 5-line 14 Strike "person" insert "contractor".
Page 6-line 2 Strike "person" insert "contractor".
Page 6-line 5 Strike "person" insert "contractor".
Page 6-line 10 Strike "person's" insert "contractor's".
Page 7-line 10 Delete "and".
Page 7-line 11 Delete "subcontractors".
Page 7-line 12 In the House standing committee amendment (SF0107HS001/AE) to this line: delete "employee" insert "laborer". BERGER
SF0107HW002/AE
[TO ENGROSSED COPY]
Page 1-line 3 After "works;" delete the balance of the line.
Page 1-line 4 Delete "required;".
Page 1-line 12 Delete "15-1-113(d) and (f),".
Page 1-line 13 Delete "16-6-112(a)(intro) and (iii),"; after "16-6-206" delete ",".
Page 1-line 14 Delete "16-6-701(a)(vii)".
Page 2-lines 1 through 24 Delete entirely.
Page 3-lines 1 through 19 Delete entirely.
Page 4-lines 7 through 23 Delete entirely.
Page 5-lines 1 through 9 Delete entirely.
Page 10-lines 5 through 24 Delete entirely. STUBSON
SF0107HW003/AE
[TO ENGROSSED COPY]
Page 1-line 13 In the Berger Committee of the Whole Amendment (SF0107HW001/AE) to this line after "16-6-202(a)" insert "(ii),".
Page 5-After line 9 In the Berger Committee of the Whole Amendment (SF0107HW001/AE) to this line after "(a) As used in this act:" insert:
"(ii)
"Resident" includes any person who is a
citizen of the United States and has legally
resided in the state of Wyoming for at least one (1) year immediately preceding
his application for employment;". GINGERY