JAC Index 012216am1 Chairman for the day is Co-Chair Harshman Agenda: Section 300’s Round Robin on the Budget Bill Draft Bills /JAC Sponsored Bills 1/22/2016 8:09:06 AM Meeting called to order by Chairman Harshman Roll call by Don Richards: Harshman: Section 300 Wasserburger: privilege of the committee – proud to announce, first grandchild, Weston Daniel. 6lb 11 oz. 24” long, Richards: Section 300’s – back of the footnote packet Page 34 – budget balancer section Section 301 – borrowing for state auditor office – moved, seconded, included Section 302 – Borrowing authority for Hathaway – moved, seconded, included Section 303 – New section, Section 304 – definition section – motion adopted Section 305 – provides maximum employer contribution for group health insurance including dental – adopted Flex authority for executive branch adopted Section 307 – similar flex authority for judicial, limited to 5% Section 308 – exceptions for WDH, DOC, UW WWAMY, agencies change from year to year Greear: Footnote for flex with tradesmen for DOC Section 308 adopted Section 309 – freeze on at- will employees contract, unless approved by the governor or the legislature – adopted Section 310 – Revenue Shortfall, authority to Governor to reduce funds, may not be necessary if adopt legislation presented yesterday Nicholas: put in provision that if it does not pass, put in this section Move to amend – adopted as amended Section 311- Supreme Court/District Court Budgets not later than November 1, 2016 Perkins: Orbrecht: that should be codified, will make a note for next year, stand alone bills Section 311 adopted Section 312 –Major Maintenance the amount of money has been adopted. Conform language to match –adopted Orbrecht: Major maintenance is appropriate for standard budget, may want to put it in cap con as well Section 313 – revenue reduction provision, conditional authority to Governor for transfer. Provision may not be necessary in the event that budget shortfall measures legislation is enacted Nicholas: move to admit, if bill is passed remove it Motion adopted Section 314 – Section 315 and 316 – addressed Section 317 – one time study for science initiative process Section 318 – one time transfer of property Section 319- direction of excess e rate revenue funds. Should be codified Orbrecht: correct Section 319 moved and adopted Section 320 – distribution of employee contributions Section 321 – distinction in BII process for documentation purposes Section 322 – limited use of funds for publication of maps – best put in a bill Orbrecht: caution against that. Motion to continue, second, division, motion failed Section 322 is out Section 324 – one time Section 325 – previously approved language on this, Section 326 – carryover of funds for north facility for Wyoming State Penitentiary Harshman: abandoned facility, Burkhart: motion to keep it in Burns: Do not want to spend 2M to demolish Burns: Withdraw the motion Richards: Cap con funds, do not revert without action of the legislature, Greear: will have to tear it down eventually Perkins: Cap Con. How difficult to flip the funds, repair of other buildings? Legislative action? Richard: yes Nicholas: Move to take fund and substitute for 900,000 for flooring and remainder Harshman: do that in cap con? Richards: Your decision Motion, seconded, Richards: 1.4 M clarity on funds Harshman: left over from 2.1M Burns: go into cap con for penitentiary Harshman: 2.1M is GF, use 900,000 for flooring, remainder to flow into capital construction fund Williams: for what project? Harshman: not identified Williams: footnotes for section 300. In last few years, they all went to the capitol square project Greear: 12M coming out of permanent land fund for prison. Monies for the prison. Swap out for the floors. Swap out leftover for what we took out of that fund. Harshman: issue will be 1.2M left over Nicholas: My motion was to put in cap con fund Harshman: Currently cap con fund reverts to capitol square project Motion adopted Section 327 Governor task force, project specific Section 328 specific Section 329 WDH task force Stubson: needs to move forward, in bill form? Orbrecht: most appropriate to continue within the cap con bill Move section to cap con bill, adopted Section 330 will be accomplished Section 331 applies to AML Section 332 Wyo state veterinary laboratory, ability to loan from state risk mgt. pool to University Stubson: move continuation of footnote President Nicholas- Orbrecht: place in cap con bill Harshman: section 332 moved seconded adopted Section 333 municipal solid waste, transfer to grant and loan account, no gov. rec, appropriation from mediation acct, balance of 28M Greear: need to look at transfer for cease and transfer acct. 6.7M? It was 17M for projects cued up for cease and transfer. Move to transfer or authorize transfer to cease and transfer account We need authorization to transfer from the account to the cease and transfer account, which is a loan and grant account, so needs to be prorated. Total of 17M. pro ration set by statute Burkhart: Do we need b? Harshman: no – in the rewrite Motion is adopted Section 334 – Wyoming value added energy and industrial plan, gov letter carried the funds over for these purposed Section 335 – provides two appropriations specific to DFS for last biennium for early childhood program Will be a round robin issue, not carried over in the budget Section 336 – school crisis management plans specific to last biennium, more appropriate in legislation Section 338 – Medicaid expansion, prohibition on governor Move Orbrecht: not an appropriate restriction on funds, not needed because stand along legislation had clause that no further action can occur without legislative approval Motion withdrawn Unit 339: community colleges and UW. In absence of language, would default to university’s request. Appropriate to direct the programs or provide matching authority Perkins: Footnote trying to address matching for future interest. Perkins: Move section 339 – Stubson: clarify – only section b Richards: committee has not voted on matching funds for Community colleges. It would reflect agency budget Harshman: Perkins in paragraph c – no dollar amounts in it Nicholas: I move to include the community colleges in language in paragraph c. Harshman Key is cash equivalent Adopted Section 340 Reversion already occurred Section 342 – completed work Section 343 – school finance recalibration Section 344 – one time change to cap sq. project Section 345 and 346 – contingent appropriation Section -Casper office building – appraisal competed Section 3148 -= land acquisition for honor fund Stubson_ move to continue this footnote Richards; Carryover, not new money Orbrecht should be in cap con bill Moved, adopted, will move to cap con bill Section 349 – should be codified at some point Orbrecht: multiple bills, non-codified, this continued and extended membership. More appropriate in stand along legislation Nicholas: Move to continue House bill 11 introduced Harshman: contingent on HB11 passing, Motion adopted. Section 350 – borrowing authority, section a –fire section b –loan both are borrowing authority. Neither provision has been exercised but provide a fall back Stubson: move to continue – adopted Section 351 – one time sale Section 352 -emergency fire suppression Section 355 – limitation on salary increases Ross moves to continue Harshman moves to amend to remove paragraph b and c. Richards: courts asked for direction, paragraph c is not existing language Harshman: remove paragraph b for this biennium Amendment adopted Motion is for Section a and c carrying forward – adopted Section 354 – sage grouse reporting – completed Section 355 – one time appropriation in last biennium Ross: Did the governor do anything with the money Ross: move to continue section 355 Williams: move to carryover section, if that is alright Orbrecht: caution Harshman: adopted Section 356 – Harshman moves to continue with date of October 1, 2016 – adopted S 1/22/2016 8:50:15 AM Section 400 Richards: staff will put in Section 301 page 37 – committee adopted. Provides 100M borrowing authority for DOT cash flow purposes, important if Temporary stop to federal funds Funds Perkins: GL for 60 Hibbard: Two issues – AML necessitates a zero interest borrowing authority. 100M will be okay 1/22/2016 8:51:58 AM Richards: go through footnotes and identify the ones adopted Page 3 Williams: Number 3 GOV, number 4 SAO are remaining on this list. Have kept track of footnotes you have requested. Page 4 – number 5 did not happen Section 2 – SOS – all one time specific so no continuation SAO – same STO – footnote in all elected officials budget Agency 5 page 5 same footnote Harshman: top of page 5, crossed out Williams: yes. Section 6 AandI, specific footnotes Section 7 Military dept. discussed Agency 7, number 4 – federal fire Section 8 OPD DOA – page 6 and &- not included Agency 15 – task force officer 1 and 2 one time DEQ page 7 not applicable Page 8 – agency 21 – one time Section 24 – went away, question answered Arts council funds, continued Rest of footnotes are not required Agency 27 page 9 – specific to last biennium 1/22/2016 8:57:01 AM Nicholas: section 24, #2, move to reduce to 200,000 Williams: section 8 – note from last year, Agency 027 - #2 time limited position, approved 1, continue the language #4 continue – school safety Greear: deal with in school cap con Harshman #2 will carry Perkins: motion, adopted 1/22/2016 8:58:45 AM Williams Agency 39 Agency 42 – one time Agency 45 – lot of reporting conditions in DOT, Only one not discussed was the railroad quiet zone. Harshman: Stubson: Necessary piece of information Perkins: third biennium this was in, 10M originally Nicholas: funds in it? Richards: I do not have fund balance. They would automatically revert at end of biennium Nicholas: move to revert Tempte: bill being sponsored to continue use of funds 1/22/2016 9:01:11 AM Williams: dept. of Health Nicholas: which are we keeping in DOT? Williams: no footnotes carrying over Nicholas: I would like to keep #9 Williams: fuel tax transfer Harshman: I have a bill Nicholas: if bill does not pass, keep 9a and 9b Burns: was HB100 enacted into law? Orbrecht: It was enacted. 1/22/2016 9:03:16 AM Williams: page 12 Nicholas: motion to keep 9a and 9b Orbrecht: bill passed which repealed this footnote Harshman: My bill and my issue is no administration and no planning fees. Do not need anything here 1/22/2016 9:04:38 AM Williams: page 12 #8 public health lab – no vote on this yet. Moved, Orbrecht: caution of substantive law Burns: where does the money on that account go? Williams: answer Motion adopted 1/22/2016 9:06:10 AM Williams: page 14, #16 and #18 – authorizing collections. #16 at state hospital. Apply excess to title 25. You voted on these. Perkins: What about #18 Williams: we discussed them during agency budget mark up and #18 is at retirement center, voted on them. I am highlighting ones included Agency 49 on page 16 #1- Orbrecht: Can reword this and get the intent you want. Statute, fund beds they have contracted for. Williams: Vote on that on modified language Yes – motion adopted Agency 3, #3 will correct amounts Livestock Board – specific to appropriation. Footnote not needed. Burns: estray animal? Williams: Section 055 specific Page 17 – WCCC – voted on #2, health insurance funding. All other were one time Page 18 agency 060, specific to last biennium or reports Tourism Board – same Page 18 UW first two, #3 specific same for 4, 5. Page 22 Harshman: report on #1 – up to board to change? How will that work, legislation or trustee issue? EX; black hills state gives Wyoming students in state tuition. Williams: per Boswell, trustees have implemented provision of this already. UW – no votes on remaining, specific to previous biennium, we added a couple Richard: Matching funds in budget with respect to athletics, footnotes not required. Potential need to require matching. Harshman: Cash match one to one basis. not in kind Motion adopted Stubson: paragraph 16 – sinking fund for aircraft. Move continuation of footnote and requirement Harshman: Burkhart motion, does it include that? Burkhart: no, only ability to borrow money Ross: my recollection they have new plan Burns: letter from UW, plan designed, draft language, projected cost dramatically reduced. UW seeking PMTF of 9.8 M at 3% interest rate President Nicholas: Proposal now is to ask for LDI aka legislative directed investment. Need capacity to borrow and will repay. Harshman; where is the place to put this amendment? Richards: can incorporate into Burkhart’s. this only applies for BFY 17-18 Burkhart: UW has sinking fund for the engine. This was just for loans. I will vote conflict. Stubson: Harshman: Motion and second, cleaned up language – Division – Motion failed so footnote is not included 1/22/2016 9:19:22 AM Perkins: Point of order, one abstention. Burkhart: I declared a conflict because my son works in that dept. Motion is successful. Issue with procedure Orbrecht: I think a conflict is a no vote and will get back with you 1/22/2016 9:20:30 AM Williams: agency 72 – Nicholas: move to adopt and change to 232,000, and two more amounts. In lieu of what we did yesterday, did not allow pay raises; give short bump for next biennium. These folks fall outside the guidelines of HR. will have evaluation of performance based bonuses or pay raise bonuses. Move to bump up to incentivize these folks to stay, less than 2%. Second on motion Orbrecht: Positions are outside of AandI authorizing statutes Harshman: motion and second – adopted Richards; have number change and will change language 1/22/2016 9:23:14 AM Williams: section 77 one time Richards: only to budget period. If you do not continue, no requirement to use network in limited fashion. Perkins: concern of leasing out, compete with private networks. Perkins: I move the footnote, second. Orbrecht: I can’t tell how this is tied to appropriation, caution of substantive law Greear: danger to soaking up bandwidth if expanded? Risk if footnote is not included Perkins: comfort care for the industry Motion: Division: Motion failed 1/22/2016 9:25:41 AM Williams: DOC – specific to previous biennium Business Council - both tied to appropriations Top of page 25 - #3 – all grant or loans. adopted as standard operating procedure Specific appropriation and report Moving to Supreme court – judicial learning center, no match required anymore Harshman: back to supreme court for match, can take care of in round robin Nicholas: no footnote needed 1/22/2016 9:28:03 AM Williams: DC – continue, has voted on money but not footnote Move the footnote_ adopted UW medical education – #1 review conducted, #2 voted on, #3 specific purpose Agency 205 discussed, Agency 206 on page 29, #2 specific account in ASO – is that still the desire of the committee? Harshman: No desire 1/22/2016 9:29:53 AM Williams: page 30 – voted, rest of footnotes not applicable Cap Con – page 32 #1 – reversions Harshman: motion to continue, second, adopted Williams: #2 – will of committee? #3 transfer of property not required Burns: defer Perkins: do we know if AandI has adopted these practices? Liability issues on level 3 lab, other issues. Hibbard: I am aware of some buildings that have been transferred Perkins: follow up with AndI please Williams: #4 footnote – issue of Cap Con, college. You stated college funds should be spent first. Harshman: administration of administration first and then a contingency. Should GF pay or should that be shared equally. Agency said guys were driving all over the state last year. Put fees in to cover the cost. Need to be clear on cost overrun. Richards: appropriation of the GF dollars is the appropriation. If costs exceed, need to come back and ask. Harshman: Other funds spend first, GF last Williams: page 33 – specific projects for remainder of footnotes Harshman: Completed review of footnotes Break and then finish footnotes. 1/22/2016 9:35:56 AM 1/22/2016 9:48:43 AM Round Robin Richards: -$184M balance. Local and cap con moved to LSRA, positive balance. Current annual 5.5% burn rate on LSRA. Structural deficit of $40M. Need to address vacancies. Using substantial amount of AML funds to support general operations of government. 50% or more general funded FTE to all agencies, $25M savings 2 months, $15M 6 months. January 1 new list of vacancies. 4 months, excluding 048 and 080, $5M savings. Burkhart: exempt only those who are law enforcement, 080? Richards: very little, most vacancies in law enforcement. Burkhart: Motion to additional penny plan on 200 series in all agencies general funded, seconded. Richards: Would save $2M. Motion failed. Agency: 1 Wasserburger motion to open, seconded. Replace funding on page 19 of $75,000, unit 0104, seconded. Adopted. Nicholas: motion to cut position 180, seconded. Adopted. Move to close, adopted. 2. 3 4 5 6 motion to open, seconded. Adopted. Nicholas: motion to cut 4 vacant positions, eliminate, seconded. Adopted. 7 Motion to open, seconded , Adopted. Move to eliminate 2 positions, seconded. Carried. Motion to close, seconded, adopted. 8 Motion to open, seconded. Adopted. Connolly: Motion to reduce 0903, page 26 by $290,000, seconded. Failed. Motion to close, seconded, adopted. 9 10 motion to open, seconded. Adopted. Nicholas: Motion to eliminate 1 position; seconded. Carried Motion to close, seconded, adopted. 11 move to open, seconded. Adopted. Connolly: code, 0303, page 42, restore $1M, seconded. Failed. Motion to close, adopted. 14 15 motion to open, seconded. Adopted. Nicholas: motion to eliminate 1 practicing attorney position, seconded. Carried. Motion to close, adopted. 20 motion to open, seconded. Adopted. Motion to close, adopted. 21 $91,000 WYDOT funding. Motion to open, seconded, adopted. Funds to be paid by WYDOT, not general fund, adopted. Motion to close, adopted. 23 24 motion to open, seconded, adopted. Burns: motion to restore $100,000 to Wyoming Conservation Corps, page 72, seconded. Failed. Nicholas: motion to eliminate 2 positions, seconded. Adopted. Ross: State Capital interpretative learning center design and infrastructure for $1M from other sources, seconded. Adopted. Motion to close, adopted. 27 Motion to open, seconded. Carried. Greear: page 47, major maintenance, reduce funding, reduce to $3.1M, seconded. Failed. Motion to close, adopted. 29 31 32 37 39 40 41 42 44 45 Harshman: reduce from $45M to $35M. WyoLink, general fund vs LSRA, page 94 Motion to open, seconded. Adopted. Hastert: $10M reduction, standard budget in FY17-18. Motion to reinstate $10M, seconded. Failed. Motion to close, adopted. 46 48 motion to open, seconded. Adopted. Connolly: division 400, unit 4065, seconded. Add Medicaid expansion. Failed. Nicholas: eliminate 1 position, seconded. Adopted. Richards: tobacco trust fund status. Unit 0503, travel, global reduction on travel exempt. 1/22/2016 11:11:36 AM Break 1/22/2016 11:30:07 AM Chairman Harshman calls the meeting back to order Update on tobacco funds. Handout shows negative $2,397,619. Action taken yesterday. Balance is negative $976,851. Agency 048 move to close – closed Agency 049 – opened Nicholas: Move to cut position 04100 –adopted; Cut position 04110–adopted Williams: as of the end of December Perkins: Update, two positions numbers? 04100 04110 Richards: Global cuts. 3.3M for the agency for all of the reductions. Easier to take out of std. budget than the ER for staff. Harshman: moved – adopted Connolly: move to add back in on page 168 740,000 in grants for early childhood community partnerships. ER description on page 165 - on page 167. Recalibration committee. Harshman: Connolly: 14 communities participated Question on the motion Harshman: Motion to fund one year Nicholas: who will do the work? Harshman: DFS Stubson: on and against the motion. budget creep. Motion failed. Burns: What did we do with weatherization? Richards: explanation Burns: Handout 159 – 15-16 budget amount. I move to take down to 2.2M of GF. Page 281 of agency 49 – weatherization program. Richards: committee reduced so your motion would bring it back up Burns: never mind. Handout states amount but it was denied. Move to close agency 49 - adopted 1/22/2016 11:44:15 AM Adopted motion to open LB board Nicholas: eliminate position – GF Motion adopted Move to close – adopted Agency 053 DWS opened Hastert: page 39 – 900 series $523,917, took 500,000 out. Wagner Pisner Grant. Offices and employees. Move to reinstate the 500,000. Ross: Wagner Pisner grant money has gone down, asking for it back? Hastert: It may have gone down over a period of time. The need for these offices has dramatically increased. Perkins: inside unit – how much authority does the director have to move within a unit? Richards: cannot move funds within the 100 series but can move between 900 and 200 series at discretion Perkins: Took 500,000 out of std. budget, not 900 Williams: same thing. Amendment, division, motion failed Richards: point of information on page 31 – raise this, reduction of child care adopted on narrow vote with one member absent. We were asked to bring this up. 200,000 reduction Stubson: line 607 and 626 to remove 100,000 original motion. I move to have balance be 50,000 in each line. Connolly: friendly amendment to put back 75000 Stubson: no Harshman: cut reduction in half Motion adopted Nicholas: Motion to cut 65520 – policy analyst 3 GF – adopted Agency closed 1/22/2016 11:52:02 AM Agency 55 Oil and Gas Commission 57 – WCCC-opened Connolly: move to reconsider elimination of family literacy program on page 23. Give another year Harshman: amend the amendment so that the program would continue without GF. Harshman: Global amendments apply whether it is a onetime or not Motion: failed Harshman, then Nicholas: Commentary Orbrecht: Handout Wyoming veterans’ waiver Harshman: resident prior to entering active service Orbrecht: except for Vietnam veterans Burns: why are they exempt? Orbrecht: in the law Harshman: numbers could include double count if take courses at more than one institutions Perkins: 10 semesters Harshman: 19 studies in 5 years. 10 in last 5 years Orbrecht: Data from WCCC on if participants remain in state – no data on that. Agency closed 1/22/2016 11:58:14 AM 060-OSLI – opened Nicholas: Two positions 00980 00989 – forestry supervisors, both GF. Move to eliminate those positions Harshman: make sure not part of swap Nicholas: open 18 and 15 months, Motion to eliminate positions adopted 1/22/2016 11:59:48 AM 063-RES - opened Nicholas: position Williams: reduced by agency Stand corrected, withdraw Closed agency 066- WTB 067 – UW Richards: Clean up items. UW aircraft vote of 6-5 with one abstention is an adopted motion- Mason is majority of those voting. Asked to raise issue if committee wants to articulate preferences for endowments 067 – UW opened Connolly- page 74-76, table on 77. 23M original request, gov amount of 11M. Put a footnote in to summarize the discussion and allow some flexibility. Read the footnote. Stubson: priorities the same but no designated amount Connolly: correct. Motion adopted Agency closed 1/22/2016 12:04:51 PM 069 – WICHE 070 – EOR 072 WRS – opened Ross: page 23 – move to restore the salary increase for the executive director Harshman: salary moved up earlier Nicholas: up to 232,000 from 225,000 Richards: $ 244,000 Harshman: motion to increase to 244,000 division- failed Williams: increased the footnote to 232,000 but no funding to go to it. Harshman: amendment is to make funding available. Nicholas motion was to do so within the agency. Richards: agency can B11 money in without authorization Nicholas: don’t want them to do that. Move to increase funds Motion adopted Agency closed 1/22/2016 12:09:37 PM Burns: move to open 070-EOR Agency opened Burns: is this agency subject to global motions Richards: subject to the penny plan Burns: I move to reduce their GF by 10%, on top of the 1.5% Burkhart: page number Harshman: page 15 table, Burns: page 3 reducing budget by about 550,000 Motion – division – motion failed Nicholas: mechanism to reduce their travel expenditures by 10%? Richards: no record or accounting of how they spend their funds. They operate off a different accounting system at UW. This is a block grant Motion: total reduction of 5% - adopted Agency closed 077 – ETS Nicholas: move to cut position # 56000 -adopted Return at 12:45 1/22/2016 12:14:06 PM