ADOPTED SENATE AMENDMENTS

 

FRIDAY, FEBRUARY 08, 2013

 

HB0011SS001/AE

 

[TO ENGROSSED COPY]

 

Page 18-line 14                                  Delete "is responsible for and".  CASE, CHAIRMAN

 

 

HB0028S2001/A

 

 

Page 1-line 10                                    After "23‑3‑306(b)" insert and by creating a new subsection (f)".

 

Page 2-line 14                                    After "device" insert "except as otherwise provided in subsection (f) of this section and"; delete ":".

 

Page 2-lines 15 and 16                    Reinsert stricken language.

 

Page 2-line 23                                    Delete and insert "permission to take predators, on land under the".

 

Page 2-line 24                                    Delete ";" and reinsert stricken ".".

 

Page 3-line 2                                      Delete "(iii)" insert "(f)".  ANDERSON J.L., HICKS

 

 

SF0001S3001/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  001.  OFFICE OF THE GOVERNOR

                                                                                                                (Administration)

 

* * * * * * * * * *

 

Page 6-line 26                                    Strike "one hundred thousand dollars" insert "seventy-five thousand dollars ($75,000.00)".

 

Page 6-line 27                                    Strike "($100,000.00)".

 

Page 7-line 4                                      Strike "one hundred thousand dollars ($100,000.00)" insert "seventy-five thousand dollars ($75,000.00)".

 

Page 7-line 7                                      Strike "fifty thousand dollars" insert "seventy-five thousand dollars ($75,000.00)".

 

Page 7-line 8                                      Strike "($50,000.00)".

 

Page 7-line 9                                      After "office" strike balance of line and insert "shall undertake a market analysis that identifies opportunities and impediments for 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.  The analysis shall review: (i) the state’s relative strength in the global market; (ii) access to markets and related regulatory, logistic and infrastructure concerns; (iii) recommendations for outreach, marketing, trade representation and international relations; (iv) opportunities to add value to Wyoming commodities and products; (v) 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; (vi) recommendations for an implementation plan.  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 on this analysis.".

 

Page 7-lines 10 through 13           Strike entirely.

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  ANDERSON J.D., BEBOUT

 

 

SF0001S3002/A

 

 

Section Under Consideration: Section 005. [DEPARTMENT OF EDUCATION]

 

Other Budget(s) Affected:

 

Section 005.  [SUP OF PUBLIC INST]

                                                               

Section 206.  [DEPARTMENT OF EDUCATION]

 

Addition to 300 Sections:  Section 337.  [DEPARTMENT OF EDUCATION BASELINE AUDIT]

 

**********

 

Page 5-line 2                                                      After “005” insert “by creating a new section 005 and renumbering 005 as 206,”.

 

Page 10-after line 23                       Insert:

 

“Section 005. SUP OF PUBLIC INST 1.,2.,3.,4.,5.,6.         
                                                                                      
PROGRAM               
Administration                                                                     
  100 series                1,250,698                                   1,250,698    
  200 series                         96,354                                      96,354    
  400 series                    7,394                                      7,394    
  900 series                   83,241                                     83,241    
Teacher of the Year                                                              
  600 series                                               66,576 S5        66,576    
                                                                                     
TOTALS                      1,437,777              0         66,576        1,504,253    

 

AUTHORIZED EMPLOYEES 
Full Time                 9      
Part Time                 0      
                                 
TOTAL                     9      

 

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 current agency 005, department of education, 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 subsection 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, superintendent of public instruction, no later than April 30, 2013 to be effective June 1, 2013.

 

4.  No funds appropriated within section 005, superintendent of public instruction, shall be expended for activities not 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, superintendent of public instruction, as otherwise provided by law.

 

6.   No funds appropriated under this section shall be used for programs or initiatives not expressly authorized by statute.  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 statute, 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 by "1,437,777".

Under OTHER FUNDS decrease by "66,576 S5".

 

Page 11-line 17                                  Decrease Full Time positions by "9".

 

Page 114-after line 19                    Insert and renumber:

 

                                                                "Section 337.  [DEPARTMENT OF EDUCATION BASELINE AUDIT]

 

(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:

 

(a) All existing authorized positions within the department and the source of funding for each position, including both filled positions and vacant positions;

 

(b) All programs authorized and appropriated by law from state and federal funds;

 

(c) All transfers, additions and changes to and from budgeted amounts at the budget unit level between and within department divisions;

 

(d) 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 by this amendment: adjust totals; and renumber as necessary. NICHOLAS, COE, ROSS, ROTHFUSS

 

 

SF0001S3008.01/AC CORRECTED

 (DIVIDED AMENDMENT)

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

 

                                                                Section:                066.  WYOMING TOURISM BOARD

                                                                                                                (Wyoming Tourism Board)

 

* * * * * * * * * *

 

Page 65-line 5                                    Under GENERAL FUND increase amount by "118,000".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER, ANDERSON J.L.

 

 

 

SF0001S3008.02/AC CORRECTED

 (DIVIDED AMENDMENT)

 

[MULTIPLE BUDGETS AFFECTED]

 

Section Under Consideration:

 

                                                                Section:                008.  OFFICE OF THE PUBLIC DEFENDER

                                                                                                                (Administration)

 

* * * * * * * * * *

 

Page 22-line 5                                    Under GENERAL FUND decrease amount by "118,000".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  SCHIFFER, ANDERSON J.L.

 

 

 

SF0001S3010/A

 

 

[BUDGET AFFECTED]

 

Budget(s):                                                           021.  Department of Audit

                                                                                                                (Public Fund)

 

* * * * * * * * * *

 

Page 32-line 8                                    After "Fund" insert "1.".

 

Page 32-line 9                                    Under GENERAL FUND increase amount by "150,000".

 

Page 32-After line 21                      Insert:

 

"1.  Of this general fund appropriation, one hundred fifty thousand dollars ($150,000.00) shall only be expended to conduct an audit of personnel policies and practices of the department of education.  The audit shall include a review of evidence of activities described in W.S. 9-11-103(a). Notwithstanding any other provision of law, the department may transfer funds internally to execute the provisions of this footnote. Any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2014.  This appropriation shall not be included in the department's 2015-2016 standard budget request. The department of audit shall report to the joint appropriations interim committee and the joint education interim committee with the results of the review and audit no later than September 1, 2013.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  COE, ROSS, NICHOLAS, ROTHFUSS

 

 

SF0001S3011/A

 

[BUDGET AFFECTED]

 

Budget(s):                                           045.  DEPARTMENT OF TRANSPORTATION

(Wyolink)

 

* * * * * * * * * *

 

Page 45-line 11                                  After "Wyolink" insert "5.".

 

Page 45-line 14                                  Under OTHER FUNDS increase amount by "106,000 S7".

 

Page 46-after line 25                       Insert:

 

"5.  This general fund appropriation includes an increase of one million two hundred twenty-four thousand dollars ($1,224,000.00) in professional fees and a standard budget reduction of four hundred seventy-six thousand three hundred thirty-five dollars ($476,335.00) in telecommunications.".

 

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

 

 

SF0001S3012/A

 

[BUDGET AFFECTED]

 

Budget(s):                                           048b.  [DEPARTMENT of HEALTH]

                                                                                                                                                (Aging)

 

 

* * * * * * * * * *

 

Page 49-line 23                                  After "17." insert ", 18.".

 

Page 49-line 24                                  Under GENERAL FUND increase amount by "490,585".

 

Page 54-After line 24                      Insert:

 

"18.  Of this general fund appropriation, four hundred ninety thousand five hundred eighty-five dollars ($490,585.00) 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.".

 

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

 

 

SF0001S3014/A

 

[BUDGET AFFECTED]

 

Budget(s):                                           049.  DEPARTMENT OF FAMILY SERVICES

                                                                                                                                (Assistance)

 

* * * * * * * * * *

 

Page 55-line 10                                  Under FEDERAL FUND decrease amount by "30,000".

 

Page 55-lines 18 through 21         Delete new language and reinsert stricken language.

 

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

 

 

SF0001S3015/A

 

[BUDGET AFFECTED]

 

Budget(s):  060.                                STATE LANDS AND INVESTMENTS

                                                                                                                (County Emerg Suppression)

 

* * * * * * * * * *

 

Page 63-line 16                                  Delete "two million five hundred" insert "two million dollars ($2,000,000.00)".

 

Page 63-line 17                                  Delete.

 

Page 63-line 18                                  Delete through "season,".

 

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

 

 

SF0001S3016/A

 

[BUDGET AFFECTED]

 

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

(Program)

 

* * * * * * * * * *

 

Page 65-line 20                                  After "PROGRAM" insert "1.".

 

Page 66-after line 5                         Insert and renumber:

 

"1. (a)  Not later than October 31, 2013, the trustees of the University of Wyoming shall report to the joint interim committees of minerals, business and economic development, education and appropriations and provide recommended changes to either existing legislation or university regulations implementing the following management changes:

 

                                                                (i)  Report on the current practices for installing permanent artwork on the campus and recommend a policy requiring prior trustee approval of artwork which is permanent and which becomes a fixture on university properties;

 

                                                                (ii)  Report on the current practices of selecting the deans of the university colleges and recommend a policy which incorporates a selection committee which uses non-university personnel trained in the college's disciplines and which eliminates the capacity of individual university faculty to eliminate or veto candidates for the dean selection;

 

                                                                (iii)  Report on the current practice of selecting and retaining staff assigned to the school of energy resources, and recommend a policy which provides an approval and review process for the school staff by the energy resources council;

 

                                                                (iv)  Report on the current practice of razing buildings constructed as part of the original campus prior to 1980, and recommend a policy which provides for approval by the legislature before razing any historic building;

 

                                                                (v)  Report on the current policies for architectural features of new buildings on campus, and recommend a permanent policy for minimum standards of appearance which preserves the classical architecture represented on the buildings facing Prexy's Pasture as well as Old Main in all future construction;

 

                                                                (vi)  Report on the custodian of all matching funds appropriated by the state for all matching programs, including the amount appropriated, the current market valuation, investment policies and spending policies for those funds.  The report shall also include the mechanism used to match the funds, including valuation of future gifts, and work with the joint judiciary interim committee to transfer all such state matching funds to permanent education trust funds established under Article 15, Section 20 of the Wyoming Constitution;

 

                                                                (vii)  Report on the allocation and assignment of all endowed faculty positions, and develop a policy for annual reporting to the legislature on the allocation and use of the endowed chairs throughout the university.".

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  NICHOLAS, SCHIFFER, BEBOUT

 

 

 

SF0001S3018/A

 

 

[BUDGET AFFECTED]

 

Budget(s):                                                           067.  University of Wyoming

                                                                                                                (Half Acre Rec Center)

 

* * * * * * * * * *

 

Page 99-line 9                                    Strike "university's energy" insert "trustees of the University of Wyoming".

 

Page 99-line 10                                  Strike through "governor".

 

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

 

 

SF0001S3020/A

 

 

[BUDGET AFFECTED]

 

Budget(s): Section 300. [BUDGET BALANCERS - TRANSFERS]

 

* * * * * * * * * *

 

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.  The respective excess amounts calculated 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.".

 

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

 

 

 

SF0001S3021/A

 

[BUDGET AFFECTED]

 

Budget(s):                                                           312.  [POSITION FREEZE]

 

* * * * * * * * * *

 

Page 103-line 26                               After "committee." insert "The governor shall provide an annual report by December 1, 2013 to the joint appropriations interim committee identifying all additional positions authorized using special revenue funds and federal funds.".  MEIER

 

 

SF0001S3022/A

 

 

[BUDGET AFFECTED]

 

Budget(s):                                           Section 319. [STANDARD BUDGET REDUCTIONS]

 

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

 

Delete the Nicholas second reading amendment (SF0001S2029/A) entirely.

Further amend as follows:

 

Page 100-line 3                                  Delete "(a) and".

 

Page 100-line 4                                  After "(b)" insert "and by creating new subsections (d) and (e)".

 

Page 104-lines 27 through 29      Delete entirely.

 

Page 105-lines 1 through 17         Delete entirely.

 

Page 105-after line 27                    Insert:

 

"(d)  If, prior to October 1, 2013, there is no reduction of the total revenue projections from the consensus revenue estimating group's January 14, 2013 report, subsection (a) of this section shall not be applicable to budget requests for the 2015-2016 fiscal biennium and budget requests shall be prepared in accordance with this subsection.  Within each agency’s 2015-2016 biennial budget request, agencies other than the department of health shall include four percent (4%), six percent (6%) and eight percent (8%) budget reduction requests based upon each agency’s general funds appropriated in the 2012 budget session.  The department of health shall include two percent (2%), four percent (4%) and six percent (6%) budget reduction requests based upon the general funds appropriated to the department in the 2012 budget session.  In preparing the governor's budget request for the 2015-2016 fiscal biennium, the governor shall recommend from the range of budget reductions presented by each agency.  The level of budget reductions shall be consistent with current revenue projections giving consideration to the next two bienniums.

 

(e)  Notwithstanding subsection (a) of this section, if, prior to October 1, 2013, there is no reduction of the total revenue projections from the consensus revenue estimating group's January 14, 2013 report, in preparing the governor’s budget request for the 2015-2016 fiscal biennium, reductions totaling four percent (4%) and six percent (6%) of the 2014 fiscal year general funds for the department of health shall be included in the governor’s recommendation.".

 

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

 

 

SF0001S3025/A

 

 

 

[BUDGET AFFECTED]

 

Budget(s):                                           323.  [LOCAL GOVERNMENT DISTRIBUTIONS]

 

* * * * * * * * * *

 

Page 106-line 11                               After "benefits." insert "In the event 2013 House Bill 250 is enacted into law, the funds distributed under this section may be used for increased retirement contributions.".

 

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

 

 

SF0001S3026/A

 

[BUDGET AFFECTED]

 

Budget(s):                                           Section 334.       [PATIENT PROTECTION AND AFFORDABLE CARE ACT RULES]

 

* * * * * * * * * *

 

Page 113-lines 11 through 13      In the Scott Second Reading Amendment (SF0001S2016/A) to these lines, in subsection (b) created by that amendment delete "from a vacant full time position within the department".

 

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

 

 

SF0001S3027/A

 

 

[BUDGET AFFECTED]

 

Budget(s):                                           48b.  DEPARTMENT OF HEALTH

                                                                                                                  (Behavioral Health)

 

* * * * * * * * * *

 

Page 52-line 5                                    After "outcomes." insert "Unexpended funds dedicated to quality of life care within the behavioral health budget shall not revert at the end of the current biennium.".

 

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

 

 

SF0001S3028/A

 

 

[BUDGET AFFECTED]

 

Budget(s):                                           101.  SUPREME COURT

                                                                                                                (Circuit Courts)

 

* * * * * * * * * *

 

Page 73-line 25                                  After "committee" insert "and joint judiciary interim committee".

 

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

 

 

SF0001S3029/A

 

 

[BUDGET AFFECTED]

 

Budget(s):  Section 319. [STANDARD BUDGET REDUCTIONS]

 

* * * * * * * * * *

 

Page 105-after line 27                    In the Nicholas Second Reading Amendment (SF0001S2029/A) to this line, in subsection (d) created by that amendment, delete "This subsection shall not apply to the judicial branch.".

 

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