ADOPTED HOUSE AMENDMENTS
FRIDAY, FEBRUARY 15, 2013
HB0001JC01/AA
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HB0001JC01 |
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Adopt the following House Amendments:
HB0001H2002.01/A
HB0001H2009/A
HB0001H2013/A
HB0001H2019/A
HB0001H2032/A
HB0001H2035/A
HB0001H2036/A
HB0001H2041/A
HB0001H2043/A
HB0001H3014/A
HB0001H3015/A
HB0001H3021/A
HB0001H3027/AC
HB0001H3028/A
Adopt the following Senate Amendments:
SF0001S2004/A
SF0001S2005/A
SF0001S2009/A
SF0001S2019/A
SF0001S2020/A
SF0001S2026/A
SF0001S3011/A
SF0001S3016/A
SF0001S3021/A
SF0001S3028/A
Delete the following House Amendments:
HB0001H2001/A
HB0001H2005/A
HB0001H2010/A
HB0001H2012/A
HB0001H2021/A
HB0001H2025/A
HB0001H2029/A
HB0001H2031/A
HB0001H2034/A
HB0001H2037/A
HB0001H2038/A
HB0001H2039/A
HB0001H2040/A
HB0001H2042/A
HB0001H3005/A
HB0001H3008/A
HB0001H3009/A
HB0001H3016/A
HB0001H3017/A
HB0001H3018/AC
HB0001H3024/AC
HB0001H3025/AC
HB0001H3029/A
HB0001H3031/AC
HB0001H3035/A
Delete the following Senate Amendments:
SF0001S2001/A
SF0001S2002/A
SF0001S2008/A
SF0001S2013/A
SF0001S2015/A
SF0001S2016/A
SF0001S2017/A
SF0001S2018/A
SF0001S2021/A
SF0001S2023/A
SF0001S2025/A
SF0001S2029/A
SF0001S3001/A
SF0001S3002/A
SF0001S3008.01/AC
SF0001S3008.02/AC
SF0001S3010/A
SF0001S3012/A
SF0001S3014/A
SF0001S3015/A
SF0001S3018/A
SF0001S3020/A
SF0001S3022/A
SF0001S3025/A
SF0001S3026/A
SF0001S3027/A
SF0001S3029/A
Further amend as follows:
Page 5-line 2 Delete "005," insert "by creating a new section 005 and by renumbering 005 as 206,".
Page 6-line 5 After "4." insert ",6.".
Page 6-line 6 Under GENERAL FUND increase amount by "250,000".
Page 8-after line 8 Insert:
"6. Two hundred fifty thousand dollars ($250,000.00) of this general fund appropriation shall only be expended to identify impediments and act on opportunities to improve Wyoming's access to and growth in domestic and international markets for natural gas, oil, coal, uranium, power, manufacturing, tourism and other commodities and products. This will include taking action to improve the state's relative strength in the global market; access to markets and related regulatory, logistic and infrastructure concerns; recommendations for outreach, marketing, trade representation and international relations; opportunities to add value to Wyoming commodities and products; coordination of state agency efforts including, but not limited to, those of the governor's office, the Wyoming business council, the office of travel and tourism, the Wyoming pipeline authority, the Wyoming infrastructure authority, the university of Wyoming and the school of energy resources; and making further recommendations. On or before December 31, 2013, the governor's office shall report to the joint minerals, business and economic development interim committee and the joint appropriations interim committee concerning progress under this footnote. No funds associated with this footnote shall be used for travel to a foreign country without prior approval of the governor.".
Page 8-line 14 Under GENERAL FUND increase amount by "121,009".
Page 8-line 23 Increase Full Time positions by "1".
Page 10-after line 22 Insert:
" GENERAL FEDERAL OTHER TOTAL
APPROPRIATION FUND FUND FUNDS APPROPRIATION
FOR $ $ $ $
Section 005. SUP OF PUBLIC INST 1.,2.,3.,4.,5.,6.
PROGRAM
Administration
100 series 1,130,681 1,130,681
200 series 96,354 96,354
400 series 7,394 7,394
900 series 60,000 60,000
Teacher of the Year
600 series 66,576 S5 66,576
TOTALS 1,294,429 0 66,576 1,361,005
AUTHORIZED
EMPLOYEES
Full Time 8
Part Time 0
TOTAL 8
1. (a) Pursuant to 2013 Wyoming Session Laws, Chapter 1, and in further implementation of that act:
(i) Except as otherwise specified in this section, all state, federal and other funds appropriations, authorizations and personnel within all divisions and units within agency 005, department of education prior to the renumbering of that agency by this act, are hereby transferred to renumbered agency 206, department of education. For budgetary purposes, agency 005 shall be retitled "office of superintendent of public instruction";
(ii) Any transfer of funds within agency 005 and 206 or between agencies 005 and 206 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 interim committee in the monthly report provided by W.S. 9‑2‑1005(o). Any transfer of funds pursuant to this paragraph shall not be subject to the restrictions imposed in 2012 Wyoming Session Laws, Chapter 26, Section 309(a). Terms and conditions of the footnotes incorporated within section 2, renumbered section 206 of this act, as provided in 2012 Wyoming Session Laws, Chapter 26, and as amended by this act, where applicable, shall apply to agency 005 and agency 206.
2. Beginning with the effective date of this act and ending June 30, 2014, the budget for the office of superintendent of public instruction shall be as provided in this section subject to modification by the governor as authorized by 2013 Wyoming Session Laws, Chapter 1.
3. The superintendent of public instruction shall provide a staffing plan to the division of human resources within the department of administration and information no later than March 22, 2013. The division shall classify all positions and salaries not set by statute within agency 005, office of superintendent of public instruction, no later than April 30, 2013 to be effective June 1, 2013.
4. No funds appropriated within section 005, office of superintendent of public instruction, shall be expended for programs, initiatives or other activities not expressly authorized by law.
5. Nothing in this section shall limit the authority of the governor to transfer funds, positions or property between agency 206, department of education, and agency 005, office of superintendent of public instruction, as otherwise provided by law.
6. In the event that the superintendent of public instruction desires to implement and fund the teacher-to-teacher program, also known as the special education literacy program, or other equivalent program or initiative not expressly authorized by law, the superintendent shall present the program, together with peer reviewed data demonstrating the strengths and weaknesses of the program or initiative, to the joint education interim committee. In the event the joint education interim committee determines the program or initiative should be authorized and funded, the committee shall introduce appropriate legislation in the 2014 budget session.".
Page 11-line 2 After "Section" strike "005." and insert "206.".
Page 11-line 10 Under GENERAL FUND decrease amount by "1,294,429"; under OTHER FUNDS decrease amount by "66,576 S5".
Page 11-line 17 Decrease Full Time positions by "8".
Page 15-line 18 After "2." insert ",8.".
Page 15-After line 19 Under OTHER FUNDS increase amount by "10,000 TT".
Page 19-After line 21 Insert:
"8. Of this other funds appropriation, ten thousand dollars ($10,000.00) from the tobacco settlement trust income account shall be expended by the department for purposes of studying the cost savings and benefits of establishing a tiered health insurance model authorizing public employers to provide health insurance at a reduced premium rate and reduced deductible level for employees who do not smoke, or authorizing lower premiums to nonsmoker public employees and higher premiums to smokers. The study shall include consideration of science based tobacco harm reduction research. The department shall submit a report of this study to the joint labor, health and social services interim committee by October 1, 2013.".
Page 22-line 5 Under GENERAL FUND decrease amount by "59,000".
Page 30-line 16 After "2." insert ",3.".
Page 31-line 14 After "354." insert "Except as otherwise provided in this section,".
Page 31-after line 19 Insert:
"3. Of this general fund appropriation, up to five million dollars ($5,000,000.00) may be expended for costs associated with the suppression of fires in the 2013 fire season after all other available fire suppression funds have been exhausted. The governor shall include a general fund appropriation request for municipal solid waste landfill remediation in his 2015-2016 biennial budget recommendation at least equal to all funds expended from this appropriation on costs associated with fire suppression.".
Page 40-line 7 Under GENERAL FUND increase amount by "500,000".
Page 40-line 21 Strike "One million dollars ($1,000,000.00)" insert "One million five hundred thousand dollars ($1,500,000.00)".
Page 45-line 17 After "4." insert ",5.".
Page 45-line 18 Under GENERAL FUND increase amount by "120,000".
Page 46-After line 25 Insert:
"5. The additional general fund appropriation of one hundred twenty thousand dollars ($120,000.00) associated with this footnote shall be deposited to the air services enhancement account created pursuant to W.S. 10‑3‑602.".
Page 49-line 11 Under GENERAL FUND decrease amount by "121,009".
Page 49-line 23 After "17." insert ",18.".
Page 49-line 24 Under GENERAL FUND increase amount by "200,000".
Page 50-line 3 After "Time" insert "19."; decrease Full Time positions by "1".
Page 52-line 5 After "outcomes." insert "Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207(a) any unexpended, unobligated funds appropriated to the behavioral health division for the purposes of quality of life care shall not revert on June 30, 2014.".
Page 54-After line 24 Insert:
"18. Of this general fund appropriation, two hundred thousand dollars ($200,000.00) shall only be distributed through the existing funding distribution model to senior centers. These funds 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, 2014.
19. The department of health shall further reduce its authorized employees such that a total of one hundred twenty-one thousand nine dollars ($121,009.00) in general fund salary and benefit savings is realized from one (1) full-time employee reduced in this act and any additional position reductions necessary to secure the savings. Positions may be taken from the public health division or any other division within the department. To the extent practicable reductions shall be from vacant positions.".
Page 63-line 16 Delete "two million five hundred" insert "one million dollars ($1,000,000.00)".
Page 63-line 17 Delete entirely.
Page 63-line 18 Delete through "season,".
Page 65-line 5 Under GENERAL FUND increase amount by "59,000".
Page 67-line 7 Delete "SR" and insert "S5".
Page 70-line 24 After ",2." insert ",3.".
Page 70-line 25 Under GENERAL FUND decrease amount by "370,000".
Page 72-after line 15 Insert:
"3. The decrease in general fund appropriations associated with this footnote shall be from funds appropriated for the community facilities program account created pursuant W.S. 9‑12‑804.".
Page 100-line 2 Delete "(g)" insert "(h)".
Page 100-line 3 After "301," insert "304(c),".
Page 100-line 20 After "exceed" delete the balance of the line and insert "ninety million dollars ($90,000,000.00)."
Page 100-line 29 Delete the line through "($450,000,000.00)" and insert "of four hundred seventy-five million dollars ($475,000,000.00)."
Page 100 – After line 29 Insert:
"(h) The state auditor shall calculate the sum amount by which revenues attributed to the fiscal period beginning July 1, 2012 and ending June 30, 2013 deposited to either the general fund or budget reserve account, excluding earnings from the permanent Wyoming mineral trust fund, exceed the sum amount of projected revenues to be deposited either to the general fund or budget reserve account in the consensus revenue estimating group's January 14, 2013 report for the same fiscal period, excluding earnings from the permanent Wyoming mineral trust fund. To the extent the respective sum of the excess amounts calculated is greater than five million dollars ($5,000,000.00), the amount over five million dollars ($5,000,000.00) shall be transferred from the general fund and from the budget reserve account to the legislative stabilization reserve account no later than November 1, 2013.".
Page 101-After line 10 Insert:
"[CARRYOVER APPROPRIATIONS-SUPPLEMENTAL APPROPRIATIONS]
Section 304.
[PINE BARK BEETLE MITIGATION]
(c) Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, one million dollars ($1,000,000.00) or so much thereof as is available, of unexpended, unobligated monies appropriated in 2010 Wyoming Session Laws, Chapter 39, Section 2, Section 010 and 2011 Wyoming Session Laws, Chapter 88, Section 2, Section 010 to the emergency insect management program shall not revert on June 30, 2012, but are reappropriated to the department of agriculture. In addition, five hundred thousand dollars ($500,000.00) from the general fund is appropriated to the department of agriculture. The department shall expend these funds only for pine bark beetle mitigation. The department may utilize the expertise and staff of the emergency insect management committee created pursuant to Title 11, Chapter 5, Article 4 of the Wyoming Statutes while expending funds under this subsection. These funds may be expended on private, state or federal lands pursuant to memoranda of agreement entered into between the department and any local, state or federal agency.".
Page 105-line 24 Reinsert all stricken language.
Page 105-line 25 Reinsert all stricken language through "biennium,"; after stricken "of the" insert "a budget with no reduction and a two percent (2%) reduction of the".
Page 105-line 26 Reinsert stricken language.
Page 105-line 27 Reinsert stricken language; after "request." insert "The supreme court shall report these reductions to the joint judiciary interim committee by October 1, 2013. From the range of budgets presented by the courts, the joint judiciary interim committee shall recommend the budget for the courts, consistent with the current revenue projections, to the joint appropriations interim committee, by November 1, 2013. The courts' budget request for the 2015-2016 fiscal biennium shall include and be developed based on the budgeted amounts for the salary and benefits of all authorized positions.".
Page 110-line 9 After "section" insert "and as limited in this subsection".
Page 110-line 10 Delete "September 1, 2013" insert "the commencement of the district's 2013-2014 school year for calculation of the full retention incentive payment".
Page 110-line 11 After "trustees" insert "subject to the provisions of this section".
Page 110-line 13 After "." insert "The full retention incentive payment shall be adjusted for school district employees as follows. If the school district employee's base salary in the 2013-2014 school year is increased from the employee's 2012-2013 school year base salary by:
(i) At least one percent (1%), the retention incentive payment authorized shall be reduced by sixty percent (60%);
(ii) Less than one percent (1%), the retention incentive payment authorized shall be four tenths percent (.4%) of the employee's 2013-2014 base salary, plus the entire difference between one percent (1%) of the 2012-2013 base salary and the salary increase.".
Page 114-after line 19 Insert the following new sections and renumber as necessary:
"[DEPARTMENT OF EDUCATION BASELINE AUDIT]
Section 337.
(a) Two hundred fifty thousand dollars ($250,000.00) is appropriated from the school foundation program account to the office of the governor to conduct an independent audit of the department of education as deemed necessary by the governor in executing the transfer of department divisions, agencies, programs, positions, personnel, property, appropriated funds and functions to the director of the department as required under 2013 Wyoming Session Laws, Chapter 1. The audit shall be completed in sufficient time to assist budget planning for the fiscal biennium beginning July 1, 2014, and ending June 30, 2016. Among other purposes established by the governor, the audit shall include an accounting of:
(i) All existing authorized positions within the department and the source of funding for each position, including both filled positions and vacant positions;
(ii) All programs authorized and appropriated by law from state and federal funds;
(iii) All transfers, additions and changes to and from budgeted amounts at the budget unit level between and within department divisions;
(iv) Use of the B-11 process in transferring and adding or subtracting amounts and positions at the unit level between and within department divisions including those effectuated through the general expenditure modification (GEM) process.".
To the extent required: adjust totals; and renumber as necessary. BEBOUT, DOCKSTADER, HASTERT, MEIER, PERKINS, HARSHMAN, ESQUIBEL, K., NICHOLAS, B., STUBSON, WALLIS
SF0031H2001/A
[TO SUBSTITUTE BILL No. 1]
Page 2-line 7 Delete "euthanizing drugs" insert "drugs labeled by the manufacturer for the purpose of euthanizing animals, excluding Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014.".
Page 4-line 20 Delete "through (xii)" insert "and (xi)".
Page 5-lines 13 through 16 Delete entirely.
Page 6-line 2 Reinsert stricken "as".
Page 6-line 3 Reinsert all stricken language; strike "33-30-219" insert "33-20-223(b)".
Page 6-line 4 Strike "euthanizing drugs" insert "drugs labeled by the manufacturer for the purpose of euthanizing animals, excluding Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014,".
Page 6-line 5 Strike "as defined by W.S."; delete "33-30-202(a)(xii)". BARLOW
SF0036H2001/AE
[TO ENGROSSED COPY]
Page 1-line 3 After "website;" and after the Zwonitzer, Dn. committee of the whole amendment (SF0036HW001/AE) to this line, insert "providing for publication of public service announcements;".
Page 1-line 10 Before "is" insert "and by creating a new subsection (d)".
Page 2-After line 9 Insert:
"(d) The commissioner shall cause to be published, no more than twelve (12) times per year, in newspapers of general circulation within the state that meet the requirements of legal newspapers pursuant to W.S. 18-3-519, a public service announcement pertaining to insurance which shall include a description of how citizens may access information about licensed insurance companies on the official department website. The cost of the publications shall be shared equally among all insurers required to file an annual statement pursuant to W.S. 26-3-125 and each insurer shall pay its share of the cost of publication upon assessment by the department.". STUBSON
SF0070H2001/AE
[TO ENGROSSED COPY]
Delete the standing committee amendment (SF0070HS001/AE) entirely and further amend as follows:
Page 1-line 1 Delete "that an owner" insert "for responsibilities of possessors of real property".
Page 1-line 2 Delete line through "duty".
Page 1-line 3 Delete "a definition" insert "definitions".
Page 1-line 13 After "in" delete balance of the line and insert "subsections (b) through (e) of this section,";.
Page 1-line 14 Delete line through "1965,".
Page 2-After line 6 Insert:
"(b) A possessor of real property who knows, or from facts within his knowledge should know, that trespassers constantly intrude upon a limited area of the property, may be subject to liability for bodily harm caused to them by an artificial condition on the property, if the possessor has failed to exercise reasonable care to warn such trespassers of the condition and the risk involved and if the condition:
(i) Is one which the possessor has created or maintains;
(ii) Is, to the possessor's knowledge, likely to cause death or serious bodily harm to such trespassers; and
(iii) Is of such a nature that the possessor has reason to believe that the trespasser will not discover it.
(c) A possessor of real property who maintains on the property an artificial condition which involves a risk of death or serious bodily harm to persons coming in contact with it, may be subject to liability for bodily harm caused to trespassers by his failure to exercise reasonable care to warn them of the condition if:
(i) The possessor knows or has reason to know of their presence in dangerous proximity to the condition; and
(ii) The condition is of such a nature that the possessor has reason to believe that the trespasser will not discover it or realize the risk involved.
(d) A possessor of real property may be subject to liability for physical harm to a child who is trespassing if the injury is caused by an artificial condition on the property and if:
(i) The possessor knows or has reason to know that the artificial condition or the surrounding area is likely to induce a child to trespass;
(ii) The possessor knows or has reason to know that the artificial condition involves an unreasonable risk of death or serious bodily harm to a child;
(iii) A child, because of his youth, would be unlikely to discover the condition or to realize the risk caused by the condition; and
(iv) The possessor fails to exercise reasonable care to eliminate the danger or otherwise protect a child trespassing in the area.".
Page 2-line 8 Delete "(b)" insert "(e)".
Page 2-line 12 Delete "(c)" insert "(f)".
Page 2-line 15 Delete "section" insert "provision".
Page 2-After line 18 Insert:
"(g) As used in this section:
(i) "Artificial condition" means a structure or other man-made object and does not include any natural feature of land or any living animal;
(ii) "Trespasser" means a person who enters or remains on land in the possession of another without valid privilege or consent created by the possessor or otherwise.".
Page 2-lines 20 through 23 Delete entirely. GINGERY, BROWN, STUBSON
SF0073H2001/A
[TO ENGROSSED COPY]
Page 4-line 18 After "request" insert ", sent by certified United States mail or by electronic mail with electronic notification of receipt,".
Page 5-line 9 Delete "fifteen (15)" insert "thirty (30)".
Page 5-line 10 Delete the standing committee amendment (SF0073HS001/AE) to this line; delete "mailed" insert "sent by certified United States mail or by electronic mail with electronic notification of receipt".
Page 5-line 12 Delete the standing committee amendment (SF0073HS001/AE) to this line; delete "or by electronic communication" insert "by certified United States mail or by electronic mail with electronic notification of receipt".
Page 5-line 13 Delete "when the department receives" insert "within five (5) days of the department receiving the". COLEMAN, BARLOW, LARSEN