General government appropriations.

SENATE FILE NO. SF0002

ORIGINAL SENATE

FILE

NO.
0001

ENROLLED ACT NO. 90, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to supplemental appropriations for the operation of state government; increasing or decreasing certain amounts; adjusting the number of authorized positions; modifying prior appropriations; making additional appropriations; making certain appropriations subject to the terms and conditions as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

As used in this act:

(a)

"Agency" means any governmental unit or branch of government receiving an appropriation under this act;

(b)

"Appropriation" means the authorizations granted by the legislature under this act to make expenditures from and to incur obligations against the general and other funds as specified;

(c)

"Approved budget" means an approved budget as defined by W.S. 9
‑
2
‑
1005(e);

(d)

"AG" means an agency's account within the agency fund;

(e)

"EF" means the agency's account within the enterprise fund;

(f)

"FF" means federal funds;

(g)

"IS" means the agency's account within the internal service fund;

(h)

"PF" means pension fund;

(i)

"PR" means private funding sources;

(j)

"RB" means revenue received from the issuance of revenue bonds;

(k)

"SR" means an agency's account within the special revenue fund;

(l)

"S1" means earmarked water development account I created by W.S. 41
‑
2
‑
124(a)(i);

(m)

"S2" means earmarked water development account II created by W.S. 41
‑
2
‑
124(a)(ii);

(n)

"S3" means the budget reserve account;

(o)

"S4" means the local government capital construction account funded by W.S. 9
‑
4
‑
601(a)(vi) and (b)(i);

(p)

"S5" means the school foundation program account within the special revenue fund;

(q)

"S6" means the school capital construction account within the special revenue fund;

(r)

"S7" means the highway account within the special revenue fund;

(s)

"S8" means the game and fish account within the special revenue fund;

(t)

"T1" means the omnibus permanent land fund;

(u)

"T2" means the miners' hospital permanent land income fund;

(v)

"T3" means the state hospital permanent land fund;

(w)

"T4" means the training school permanent land fund;

(x)

"T6" means the university permanent land income fund;

(y)

"T7" means the state employee group insurance flexible benefits account;

(z)

"TO" means other expendable trust funds administered by individual agencies for specific functions within the agencies' authority;

(aa)

"TT" means the tobacco settlement trust income fund.

1

GENERAL FEDERAL OTHER TOTAL
APPROPRIATION FUND FUND FUNDS APPROPRIATION
FOR $ $ $ $

Section 2.
Sections 001, 002, 003, 004, 006, 007, 010, 015, 020, 021, 023, 024, 025, 026, 027, 037, 042, 045, 048, 049, 051, 057, 060, 063, 067, 080, 081, 085, 151, 205 and by creating a new section 040 of Section 2, Chapter 95, 2004 Wyoming Session Laws are amended to read:
Section 001. Governor's Office

PROGRAM
Administration 1. 4,612,979 4,612,979
Tribal Liaison 100,000 100,000SR 200,000
Commission on Uniform Laws 46,572 46,572
Special Contingent 550,000 550,000
Emergency Mgt/Homeland Security 1,961,629 43,945,158 619,310AG 46,526,097
Health Care Commission
477,000

477,000

2,417,860

2,417,860
Flex Equity Account 50,000 50,000
Natural Resource Policy Account 750,000 750,000
Endangered Species Administration 250,734 250,734
___________ __________ _________ __________
TOTALS
8,798,914
43,945,158 719,310
53,463,382

10,739,774

55,404,242

AUTHORIZED EMPLOYEES
Full Time 52
Part Time 1
TOTAL 53

1. Of this general fund appropriation, not to exceed twenty thousand dollars ($20,000.00) shall be expended only for purposes of defraying moving expenses for gubernatorial appointees who are required to move to Cheyenne. Not more than five thousand dollars ($5,000.00) shall be expended for any one (1) appointee. Any funds expended for this purpose shall be reimbursed to the state by the appointee if the appointee is employed by the state for less than twelve (12) months. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account.

Section 002. Secretary of State

PROGRAM
Administration
4,282,606

4,282,606

4,365,151

4,365,151
Reapportionment Computer System 376,993 376,993
Securities Enforcement 433,261SR 433,261
Bucking Horse & Rider
1.

250,000
200,200AG
450,200

200,200
___________ __________ _________ __________
TOTALS
4,909,599
0 633,461
5,543,060

4,742,144

5,375,605

AUTHORIZED EMPLOYEES
Full Time 27
Part Time 0
TOTAL 27

1. Of this general fund appropriation, not to exceed two hundred fifty thousand dollars ($250,000.00) shall be expended only for litigation costs associated with defending the state's ownership rights to the bucking horse emblem. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account.
Section 003. State Auditor

PROGRAM
Administration 1. 10,836,011 10,836,011
Emergency Insurance Coverage 2.

25,000

25,000
___________ __________ _________ __________
TOTALS
10,836,011
0 0
10,836,011

10,861,011

10,861,011

AUTHORIZED EMPLOYEES
Full Time 25
Part Time 0
TOTAL 25

1. Of this general fund appropriation, an amount not to exceed six hundred nine thousand three hundred dollars ($609,300.00) shall only be expended for the purpose of funding the applications hosting services project. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), this appropriation shall not revert effective June 30, 2006, and shall remain in effect until completion of the project. Any funds remaining at the end of the project shall not be transferred or expended for any other purpose and shall revert to the budget reserve account upon project completion.

2. From the effective date of this act through the fiscal biennium ending June 30, 2006, for purposes of continuing health insurance benefits under the State Employees' and Officials' Group Insurance Act, "dependents" under W.S. 9
‑
3
‑
203(a)(iii) shall include those individuals who were covered dependents under any health plan under that act of an employee who dies while acting within the course of employment as an official or employee of the state of Wyoming. The extended coverage of a dependent pursuant to this section shall continue for a period of three (3) months after the month in which the employee dies. The state agency, department or institution, paying the state's contribution of the monthly premium under W.S. 9
‑
3
‑
210 shall continue to pay the established amount for the period of extended coverage under this section. To the extent funds are not available in individual agency budgets, the state auditor may transfer funds from this general fund appropriation in order for agencies to make payments pursuant to this footnote.

Section 004. State Treasurer

PROGRAM

Treasurer's Operations 1.
3,644,253

3,644,253

3,757,892

3,757,892
Veterans Tax Exemption 1,985,000 1,985,000
Manager Payments
23,600,312AG

23,600,312

23,819,258AG

23,819,258
Unclaimed Property
1,186,940AG

1,186,940

1,213,534AG

1,213,534
Indian Motor Vehicle Exemption 257,500 257,500
___________ __________ __________ __________
TOTALS
5,886,753
0
24,787,252

30,674,005

6,000,392

25,032,792

31,033,184

AUTHORIZED EMPLOYEES
Full Time
21
25
Part Time 0
TOTAL
21
25

1. Of this general fund appropriation, two hundred twenty thousand three hundred sixty dollars ($220,360.00) is appropriated for one contract attorney and shall not be expended for any attorney to appear in any court, administrative proceeding or hearing, nor to take a position in any proceeding or matter on behalf of the state of Wyoming. The role of any attorney retained with this appropriation shall be limited to in-house counsel to the state treasurer and to the duties described in W.S. 9
‑
1
‑
603(a)(v). This footnote shall not be effective if 2004 Senate File 0051 is enacted into law.
Section 006. Administration & Information

PROGRAM
Director's Office 1,017,667 4,876,698IS 5,894,365
Professional Licensing Boards 973,939SR 973,939
Budget Division 1,668,909 0 1,668,909
General Services 1.,
4.

42,393,530
744,847SR

44,142,704

13,619,452IS

13,435,137IS
55,822EF
56,813,651

58,378,510
Human Resources Division
5.

3,612,141
598,165IS
4,210,306

3,622,141

4,220,306
Employees Group Insurance
3.

85,000
202,907,081IS
4,200,000T7
207,107,081

207,192,081
Information Technology 2.
1,751,793

150,000
40,296,040IS
42,047,833

3,497,211

43,943,251
Economic Analysis 1,031,812 1,031,812
State Library 4,650,189 1,120,017 5,121,482AG 10,891,688
___________ __________ ___________ ___________
TOTALS
56,126,041

1,120,017

273,393,526

330,639,584

59,715,633

1,270,017

273,209,211

334,194,861

AUTHORIZED EMPLOYEES
Full Time 369
Part Time 2
TOTAL 371

1. The department shall provide a preliminary report to the joint appropriations interim committee not later than October 31, 2004, and a final report not later than June 30, 2005 on alternative plans to make the federal surplus property program self-sustaining.

2. The department shall report to the joint appropriations interim committee not later than October 31, 2004 on a plan to make the geographical information system (GIS) program self-sufficient. The report shall identify users of the program, potential funding sources, and recommendations for the coordination of all GIS efforts between all publicly funded entities in the state.

3. Of this general fund appropriation, eighty-five thousand dollars ($85,000.00) shall only be expended for the purpose of studying the issue of funding state retiree health insurance benefits
including the issue of allowing conversion of sick leave benefits to pay for retiree health insurance benefits.
The report shall include options for funding those benefits and the costs associated with those options. The division shall report not later than November 1, 2005 to the governor and the joint appropriations interim committee.

4. Of this general fund appropriation, one hundred eighty-four thousand three hundred fifteen dollars ($184,315.00) shall only be expended for the surplus property program. For the budget period ending June 30, 2006, notwithstanding W.S. 9
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2
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1016(d), any revenues received by the surplus property program in excess of one hundred eighty-four thousand three hundred fifteen dollars ($184,315.00) shall be deposited into the general fund. This appropriation shall be considered a one (1) time appropriation, and shall not be considered a part of the agency's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

5.

Of this general fund appropriation, ten thousand dollars ($10,000.00) shall be expended for the Wyoming retirement system to contract with an actuary to develop and provide recommendations by October 1, 2005 to the joint appropriations interim committee, setting out appropriate objective standards to evaluate what groups of individuals shall be permitted entry into the law enforcement retirement system established on July 1, 2002.

Section 007. Military Department

PROGRAM
Military Dept. Operations
6,165,766

6,165,766

6,228,369

6,228,369
Air National Guard 843,192 6,099,972 6,943,164
Camp Guernsey 4,582,408 151,520AG 4,733,928
Army National Guard 697,639 4,653,426 5,351,065
Veteran's Services 1.,
2.

654,858
79,022 317,100AG
1,050,980

904,016

1,300,138
Oregon Trail Vets Cemetery 390,135 20,000SR 410,135
Military Support To Civilian Auth 108,000 108,000
Civil Air Patrol

49,459

49,459
Death Benefit 3.

400,000

400,000
___________ __________ _________ __________
TOTALS
8,859,590
15,414,828 488,620
24,763,038

9,620,810

25,524,258

AUTHORIZED EMPLOYEES
Full Time
133
134
Part Time 54
TOTAL
187
188

1. Of this general fund appropriation, eighty-four thousand three hundred dollars ($84,300.00) shall only be expended for the purpose of funding one (1) at-will-employee-contract position for the period beginning July 1, 2004 and ending June 30, 2006. This position shall be utilized to assist the veteran's commission in developing a long term staffing plan for the commission.

2. Of this general fund appropriation, fifty-eight thousand seventy-five dollars ($58,075.00) appropriated for an administrative outreach coordinator during the 2005 legislative session shall terminate effective June 30, 2006. This appropriation shall be considered a one (1) time appropriation, and shall not be considered a part of the agency's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

3.

This general fund appropriation shall be used to fund a death benefit for the beneficiaries of Wyoming national guard members killed in a war zone. The benefit shall be in the amount of one hundred thousand dollars ($100,000.00) per deceased guard member and paid to the beneficiary or beneficiaries specified by the deceased guard member prior to deployment.

Section 010. Agriculture Department

PROGRAM
Administration Division 2,484,843 248,521 5,000AG 2,738,364
Ag Education And Information 20,000AG 20,000
Consumer Protection Division 2.
7,576,282
847,079 457,171SR

7,692,282
581,600AG
2,479IS
9,464,611

9,580,611
Natural Resources Division 1.
3,474,956
64,067 675,000SR
4,214,023

4,974,956

5,714,023
State Fair
2,045,920
460,000SR

2,070,920
156,544AG
2,662,464

2,687,464
Weed & Pest Control 700,000AG 700,000
Wyoming Beef Council 2,092,476AG 2,092,476
Wyo Wheat Mktg Comm 120,500SR 120,500
Leaf Cutter Bee 12,541SR 12,541
___________ __________ _________ __________
TOTALS
15,582,001
1,159,667 5,283,311
22,024,979

17,223,001

23,665,979

AUTHORIZED EMPLOYEES
Full Time 78
Part Time 12
TOTAL 90

1. Of this general fund appropriation, one million five hundred thousand dollars ($1,500,000.00) shall only be expended for the emergency insect management program and shall not be expended for research purposes. The department shall administer the funds under this program in a manner that encourages local governments to participate in sharing the costs of the program. Funds appropriated for the emergency insect management program shall be effective immediately.

2. Of this general fund appropriation, two hundred fifty thousand dollars ($250,000.00) allocated to fund the animal damage management program shall be considered a one-time appropriation, and shall not be considered a part of the agency's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

Section 015. Attorney General

PROGRAM
Law Office 1.,2.,
5.

13,937,856
890,476 295,000SR
15,123,332

14,437,856

15,623,332
Criminal Investigations 13,681,450 6,020,392 1,482,522SR 21,184,364
Law Enforcement Academy 3,973,687 741,566EF 4,715,253
Peace Officer Stds & Trng 354,923 38,400SR 393,323
Victim Services Division 3.,4.
,6.

4,098,019
5,878,640 1,651,227SR
11,627,886

4,130,119

11,659,986
Plan. Council on Dev. Disabilities 323,559 911,677 1,235,236
___________ __________ _________ __________
TOTALS
36,369,494
13,701,185 4,208,715
54,279,394

36,901,594

54,811,494

AUTHORIZED EMPLOYEES
Full Time 231
Part Time 6
TOTAL 237

1. Of this general fund appropriation, not to exceed one hundred thousand dollars ($100,000.00) shall only be expended for purposes of costs associated with litigation. These funds shall not be expended for attorney fees. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account.

2. The attorney general shall report to the joint appropriations interim committee not later than June 30, 2005 and June 30, 2006 on the effects of the reorganization of the law office approved in the agency's state of Wyoming 2005-2006 biennium budget request. The report shall contain information on the assignment of attorneys to other agencies, hours of attorney's services allocated to other agencies and a comparison of costs allocated to other agencies under the reorganization to costs paid by other agencies prior to reorganization.

3. The attorney general shall promulgate formal rules and regulations pursuant to the Wyoming Administrative Procedure Act for the formula used to distribute funds to providers of services for victims of domestic violence. The rules shall include a requirement for a uniform caseload reporting system.

4. Of this general fund appropriation, three hundred fifty thousand dollars ($350,000.00) shall be used in addition to the amounts appropriated for the standard and exception budget requests for the victims of domestic violence distribution formula.

5. Of this general fund appropriation five hundred thousand dollars ($500,000.00) shall only be expended for costs associated with litigation expenses associated with any lawsuits pertaining to the state hospital and the developmental disabilities program within the department of health. Notwithstanding 2004 Wyoming Session Laws, Chapter 95, Section 319 and any other provision of law, these funds shall not be transferred to any other agency, division or program and any unexpended unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account. This appropriation shall be considered a one (1) time appropriation, and shall not be considered a part of the agency's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

6.

Of this general fund appropriation, thirty-two thousand one hundred dollars ($32,100.00) shall be expended to maintain parity with the FY04 funding for the domestic violence shelters.
Section 020. Environmental Quality

PROGRAM
Administration
3.

1,356,400

1,356,400

3,309,450

3,309,450
Air Quality 1.
1,621,834
1,470,817 6,775,874SR
9,868,525

1,747,033

9,993,724
Water Quality 2. 9,804,449 9,544,691
2,138,425SR

21,487,565

3,238,425SR

22,587,565
Land Quality
2,886,448
4,249,637
7,136,085

2,924,134

7,173,771
Industrial Siting 373,943 11,300 385,243
Solid Waste Management 2,573,796 1,292,071 962,661SR 4,828,528
Abandoned Mine Reclamation 54,756,766 54,756,766
Subsidence Insurance 181,474 181,474
Set-Aside Account 3,397,563 3,397,563
___________ __________ _________ ___________
TOTALS
18,616,870
74,904,319
9,876,960

103,398,149

20,732,805

10,976,960

106,614,084

AUTHORIZED EMPLOYEES
Full Time
226
229
Part Time 0
TOTAL
226
229

1. Of the total appropriation to the air quality division, five million eight hundred fifty-one thousand seven hundred sixty-two dollars ($5,851,762.00) are for operating permit program activities, and this appropriation shall be the basis for the fee rate calculation under W.S. 35
‑
11
‑
211. Of the total appropriation to the air quality division, nine hundred twenty-four thousand one hundred twelve dollars ($924,112.00) are for the new source review permit program. All costs associated with the permit review process under the new source review permit program shall be recovered by a permit review fee charged to applicants under W.S. 35
‑
11
‑
211.

2. Of this general fund appropriation, one hundred sixty-seven thousand three hundred sixty dollars ($167,360.00) for the NPDES program staff and DMR maintenance shall be effective immediately.

3. Of this general fund appropriation, one million eight hundred fifty-six thousand dollars ($1,856,000.00) shall only be expended for the design phase of the electronic permitting project and any unexpended unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account. This appropriation shall be considered a one (1) time appropriation, and shall not be considered a part of the agency's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

Section 021. Department of Audit

PROGRAM
Administration 776,396 256,148 1,032,544
Banking 2,643,695SR 2,643,695
Public Funds
1.

3,458,504

3,458,504

3,744,221

3,744,221
Mineral 2,437,779 2,939,042 220,000SR 5,596,821
Excise 2,923,722 2,923,722
___________ __________ _________ __________
TOTALS
9,596,401
3,195,190 2,863,695
15,655,286

9,882,118

15,941,003

AUTHORIZED EMPLOYEES
Full Time
101
105
Part Time 0
TOTAL
101
105

1.

The department shall through the school finance section, conduct an audit of educational services provided at the Wyoming boys' school and the Wyoming girls' school. The audit shall include a review of funds made available for educational services at these institutions during school year 2004-2005, the educational services provided during this same period of time and recommendations for future funding and service levels. Audit findings shall be reported to the joint appropriations interim committee on or before December 1, 2005.
Section 023. Public Service Commission

PROGRAM
Administration
1.

500,000
206,860 4,891,803SR
5,098,663

5,598,663
Consumer Advocate Division 1,426,284SR 1,426,284
Universal Service Fund 24,000,000SR 24,000,000
___________ __________ __________ __________
TOTALS
0
206,860 30,318,087
30,524,947

500,000

31,024,947

AUTHORIZED EMPLOYEES
Full Time 36
Part Time 0
TOTAL 36

1. Of this general fund appropriation, five hundred thousand dollars ($500,000.00) shall only be expended for the purposes of costs associated with litigation expenses in public service commission docket number 2000-ER-02-184 and any related judicial proceedings. These funds shall not be transferred or expended for any other purpose and any unexpended unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account.

Section 024. Department of State Parks and Cultural Resources

PROGRAM
Administration & Support 2,190,335 100,000EF 2,290,335
Cultural Resources
2.

6,571,961
2,501,224 243,552SR

11,571,961
1,983,896EF
11,300,633

16,300,633
St Parks & Hist. Sites 1. 14,342,973 4,703,904 5,018,268SR 24,065,145
___________ __________ _________ __________
TOTALS
23,105,269
7,205,128 7,345,716
37,656,113

28,105,269

42,656,113

AUTHORIZED EMPLOYEES
Full Time 180
Part Time 92
TOTAL 272

1. Of this general fund appropriation, one hundred forty-four thousand eight hundred sixty-one dollars ($144,861.00) shall only be expended for four (4) full-time positions for the operation of the Wyoming territorial prison and state park historical site. The appropriation and positions specified in this footnote are effective immediately and only if 2004 Senate File 0041 is enacted into law.

2. Of this general fund appropriation, five million dollars ($5,000,000.00) shall be transferred to the Wyoming cultural trust fund created by W.S. 9
‑
2
‑
2304(a).

Section 025. Department of Employment

PROGRAM
Administration And Support 1,384,209 1,384,209
Division Of Labor Standards
1,434,153
139,626 125,000EF
1,698,779

1,459,153

1,723,779
Workers' Safety & Compensation 1,695,692 30,300,001EF 31,995,693
Unemp. Insurance & Statistics 17,603,167 2,783,048AG
7,745,486EF 28,131,701
Mine Inspector 20,000SR
1,199,808EF 1,219,808
Unemp. Insurance Revenue
422,430AG

749,281AG
296,288EF
718,718

1,045,569
___________ __________ __________ __________
TOTALS
2,818,362
19,438,485
42,892,061

65,148,908

2,843,362

43,218,912

65,500,759

AUTHORIZED EMPLOYEES
Full Time 314
Part Time 11
TOTAL 325

Section 026. Department of Workforce Services

PROGRAM
Administration 1.
4,157,927

35,486,355
2,150,000SR

4,639,391

36,004,891
4,400AG
41,798,682

42,798,682
Vocational Rehabilitation 3,965,066 23,219,895 1,311,906SR
321,707AG
264,935EF 29,083,509
___________ __________ _________ __________
TOTALS
8,122,993

58,706,250
4,052,948
70,882,191

8,604,457

59,224,786

71,882,191

AUTHORIZED EMPLOYEES
Full Time 273
Part Time 25
TOTAL 298

1. Of this general fund appropriation, two million dollars ($2,000,000.00) shall only be expended for the upgrading or development of employment skills necessary for new, existing or expanding businesses in Wyoming.

Section 027. School Facilities Commission

PROGRAM
Operations 5,544,204S6 5,544,204
Emergency Contingency 1,000,000S6 1,000,000
Major Maintenance
71,800,000S6

71,800,000

66,400,000S6

66,400,000
___________ __________ __________ __________
TOTALS 0 0
78,344,204

78,344,204

72,944,204

72,944,204

AUTHORIZED EMPLOYEES
Full Time 12
Part Time 0
TOTAL 12

Section 037. State Engineer

PROGRAM
Administration 1,857,087 1,857,087
Ground Water Division 2,628,305 2,628,305
Surface Water & Eng. Div. 1.
2,160,298

2,160,298

2,547,039

2,547,039
Board of Control Division 8,065,927 8,065,927
Support Services Division 2.,3.,4. 3,002,023 3,002,023
Board of Registration 632,558SR 632,558
Interstate Streams Division 941,917 941,917
Special Projects 12,730AG 12,730
North Platte Settlement 1,251,072 1,251,072
Well Drillers' Certification Board 100,000SR 100,000
___________ __________ _________ __________
TOTALS
19,906,629
0 745,288
20,651,917

20,293,370

21,038,658

AUTHORIZED EMPLOYEES
Full Time
120
123
Part Time 20
TOTAL
140
143

1. Of this general fund appropriation, one hundred eighteen thousand one hundred fifty-eight dollars ($118,158.00) shall only be expended for one (1) full-time water management specialist position for the period beginning July 1, 2004 and ending June 30, 2006. This position shall terminate effective June 30, 2006, and any remaining unexpended, unobligated funds shall revert to the budget reserve account on June 30, 2006.

2. Of this general fund appropriation, one hundred ten thousand dollars ($110,000.00) shall only be expended for two (2) full-time "administrative specialist 5" positions for the period beginning July 1, 2004 and ending June 30, 2006. These positions shall terminate effective June 30, 2006, and any remaining unexpended, unobligated funds shall revert to the budget reserve account on June 30, 2006.

3. Of this general fund appropriation, one million four hundred thousand dollars ($1,400,000.00) shall only be expended for the purpose of the business process analysis and database reengineering project. This appropriation consists of funding necessary for Phases I, II and III as presented in "Alternative three" in the state engineer's state of Wyoming 2005-2006 biennium budget request.

4. Of this general fund appropriation, four hundred thousand dollars ($400,000.00) shall be effective immediately.

Section 040. Game & Fish Commission

PROGRAM
Sage Grouse Planning & Protection

500,000

500,000
Veterinary Services Program

2,018,570

2,018,570
___________ __________ __________ __________

TOTALS

2,518,570

0

0

2,518,570

AUTHORIZED EMPLOYEES
Full Time

9
Part Time

0
TOTAL

9

Section 042. Geological Survey

PROGRAM
Geologic
1,897,499

1,897,499

2,544,123

2,544,123
Publications
835,650

835,650

920,714

920,714
___________ __________ _________ __________
TOTALS
2,733,149
0 0
2,733,149

3,464,837

3,464,837

AUTHORIZED EMPLOYEES
Full Time
16
25
Part Time
5

4
TOTAL
21
29

Section 045. Department of Transportation

PROGRAM
Administration
2.
3,117,739SR 3,117,739
Administrative Services 168,150 26,286,953SR 26,455,103
Law Enforcement
1.
2,018,293
47,633,555SR

49,651,848

48,233,555SR

50,251,848
Salecs
7,172,671

6,200,000
870,016IS
7,070,016

7,200,000

15,242,687
Aeronautics Administration 310,300 1,898,331SR 2,208,631
Search & Rescue 33,541SR 33,541
Operational Services 1,511,220IS 1,511,220
Airport Improvements 63,443,048SR 63,443,048
___________ __________ ___________ ___________
TOTALS
0

8,696,743

144,794,403

153,491,146

7,172,671

9,696,743

145,394,403

162,263,817

AUTHORIZED EMPLOYEES
Full Time
523
528
Part Time 2
TOTAL
525
530

1. The funding for the five (5) additional full-time positions authorized in this act shall be used for five (5) additional full-time highway patrol trooper positions and shall be included in the department of transportation's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

2. The department shall provide a detailed history and comparative analysis of the revenue received and expenditures incurred by the department for the manufacture and distribution of state license plates including both the embossed and flat plate designs. The report shall also include a review of contracts associated with the design of the plate and any patents or corporate parameters required for the manufacture and design of the plates. The report shall be submitted to the joint transportation, highways and military affairs interim committee on or before September 1, 2006.
Section 048. Department of Health

PROGRAM
Directors Office 7,885,740 2,730,209 10,615,949
Office Of Rural Health
17.
407,540 5,739,278 6,146,818
Community & Family Health
17,074,507
14,480,258 3,600,000SR

17,154,507
7,388,420AG
42,543,185

42,623,185
Office Of Medicaid 9.,10.,12.
,16.

105,805,979

193,508,642

299,314,621

128,490,188

222,038,856

350,529,044
Prescription Drug Program 1.,11.
38,783,170

47,170,861

85,954,031

38,897,480

46,398,873

85,296,353
Kid Care 8,001,515
18,814,043

26,815,558

18,687,762

26,689,277
Prevent Hlth & Sfty
5,255,287
24,358,312 120,045SR

5,865,287
242,046AG
29,975,690

30,585,690
Mental Health 2.
91,952,003

14,487,794
3,000,000SR
109,439,797

97,487,009

21,223,899

121,710,908
Substance Abuse 3.
13,521,908

8,360,832
25,903,001SR
47,785,741

13,693,103

8,581,168

3,506,083TT

51,683,355
Dev Disabilities
4.,5.,13.,14.,
15.

145,371,520

105,886,891
402,000AG
251,660,411

148,955,576

108,644,302

258,001,878
Division On Aging 6.
,18.

77,568,869

94,155,402
8,209,540SR
179,933,811

81,542,637

96,035,113

185,787,290
___________ ___________ __________ _____________
TOTALS 7.
511,628,038

529,692,522

48,865,052

1,090,185,612

548,380,582

568,918,030

52,371,135

1,169,669,747

AUTHORIZED EMPLOYEES
Full Time 8. 1,424
Part Time 92
TOTAL 1,516

1. The department shall use an asset-based test to help ensure the funds appropriated for the prescription drug assistance program (PDAP) will be sufficient to fund the program for the entire period beginning July 1, 2004 and ending June 30, 2006. The asset test shall include financial assets but shall exclude an automobile with a market value of less than fifteen thousand dollars ($15,000.00) and a home lived in by the recipient.

2. Notwithstanding W.S. 9
‑
4
‑
303(a), the department is authorized to deposit all monies and income received and collected by the Wyoming state hospital at Evanston, Wyoming into a special revenue fund from July 1, 2004 through June 30, 2006. The department shall expend this revenue to correct life safety code problems and address other conditions as identified by the Partnership to Resolve Mental Health Issues in Wyoming. If any single project is anticipated to or does exceed two hundred thousand dollars ($200,000.00) it shall be approved by the state building commission. The first five hundred thousand dollars ($500,000.00) received each fiscal year by the department and any amount in excess of three million dollars ($3,000,000.00) received over the period beginning July 1, 2004 and ending June 30, 2006 and deposited within the special revenue fund pursuant to this footnote shall be paid to the omnibus permanent land fund until such time as the total amount appropriated for the new facility at the state hospital in 1999 Wyoming Session Laws, Chapter 169, Section 3, Section 048 is completely repaid. The department shall report to the joint appropriations interim committee by October 31 of each year detailing expenditures under this footnote.

3. The department shall report to the joint education interim committee and the joint appropriations interim committee not later than October 31, 2005 on the effectiveness of expending funds appropriated in addition to the amounts recommended by the governor for chronic disease programs and counter-marketing efforts. The report shall be coordinated with the effects of funding existing chronic disease programs.

4.
The department shall develop a plan to reevaluate clients in the acquired brain injury program every five (5) years. Based on this reevaluation, individuals may need less intensive care. The plan shall consider needs for safety, protective shelter, sheltered work activities and medical management including medication and therapies necessary to maintain the level of self-sufficiency the client has obtained.

5.
The acquired brain injury program shall provide services for not more than eighty-five (85) clients at any one time.
The department shall pursue procedures necessary to provide for rapid substitution of new clients for clients who leave the program.

6. Notwithstanding W.S. 9
‑
4
‑
303(a), for the period beginning July 1, 2004 and ending June 30, 2006, the department is authorized to deposit all monies and income received or collected by the retirement center located in Basin, Wyoming for care of patients into a special revenue fund. The funds collected shall be used to fund the operation of the retirement center.

7. Of the general fund appropriation related to Medicaid programs, the department may expend not more than five hundred thousand dollars ($500,000.00) to improve patient care and management and to assess the direct and indirect fiscal impacts of all cost containment programs
.
The department shall not implement any new requirements under its cost containment program until those requirements have been reviewed by the joint appropriations interim committee and the joint labor, health and social services interim committee or a subcommittee thereof.

8. Of these full-time positions, the following are time-limited and shall be terminated effective June 30, 2006: one (1) for HIV/AIDS; twelve (12) for bio-terrorism; five (5) for infectious disease; three (3) for substance abuse; two (2) for tobacco prevention.

9.

Notwithstanding W.S. 42
‑
4
‑
104(c), of this general fund appropriation, seven hundred nineteen thousand seven hundred eighty dollars ($719,780.00) shall only be expended for medical assistance to skilled nursing homes to ensure that providers of skilled nursing home services shall receive not less than the per diem base rate in effect prior to July 1, 2002. This footnote is effective for the fiscal period commencing July 1, 2004, and ending June 30, 2005.

10. The department of health shall not agree to any Medicaid waiver or extension of any Medicaid waiver where the federal government, as a condition of granting the waiver, requires the state to agree to any limit on the normal federal cost share in the program where the state expenditures are not comparably restricted.

11. For those individuals who are eligible for the Medicare prescription drug card and for whom the card is cost effective, the department shall require use of the subsidy provided with the card as a condition of participation in the prescription drug assistance program.

12. Of this appropriation, two million six hundred four thousand four hundred fifty-six dollars ($2,604,456.00) general fund money and three million five hundred seventy-four thousand five hundred sixty-one dollars ($3,574,561.00) federal fund money shall be used for the Comprehensive Dental under 21 Medicaid program.

13.

Of this general fund appropriation, three million seventy-seven thousand six hundred eighty-eight dollars ($3,077,688.00) shall only be expended to reimburse providers of developmental services for preschool children.

14. Of this general fund appropriation, one million seven hundred eighty-four thousand six hundred forty dollars ($1,784,640.00) shall be in addition to the amounts appropriated for the standard and exception budget requests for the adult developmental disabled home and community based waiver and shall be used to increase provider reimbursement rates in order to raise the salaries of direct care personnel in adult developmental disability community-based programs.

15. Notwithstanding 2004 Wyoming Session Laws, Chapter 95, Section 319 and any other provision of law, funds appropriated for the division of developmental disabilities shall not be transferred to any other agency, division or program. Funds appropriated but not used for the childrens' developmental disabilities waiver program, adult developmental disabilities waiver program, or the adult brain injury waiver program shall be expended for clients on waiting lists or identified, new emergency clients within the two (2) waiver programs with the highest average waiting periods. The department may expand the number of clients served by each of the waivers to the extent sufficient funds are available from this appropriation and the expansion is consistent with federal requirements. The department shall report quarterly to the governor and the joint appropriations interim committee on the specific amounts transferred between any waiver programs, the total number of clients served in each waiver, the average projected cost of each client, the average individual budgeted amount for each client, the number of persons on the waiting list for each waiver, and the cost for each new client served. Any unexpended unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account.

16. Of this general fund appropriation, ten thousand dollars ($10,000.00) shall be expended to purchase materials for an education program for cancer screening. The materials shall be provided to Medicaid health care providers.

17. The department of health shall keep current the physician workforce database developed pursuant to 2004 Wyoming Special Session Laws, Chapter 4, Section 5.

18.

Of this appropriation, one hundred sixty-two thousand three hundred seventy-five dollars ($162,375.00) from general funds and two hundred twelve thousand six hundred twenty-five dollars ($212,625.00) from federal funding sources shall only be expended to increase the participation capacity of the Medicaid assisted living waiver program by twenty-five (25) persons.
Section 049. Department of Family Services

PROGRAM
Services
75,676,554
19,536,959 4,345,762SR

76,621,316
2,639,311AG
102,198,586

103,143,348
Assistance 1.,2.,3.,4.,6. 28,994,067 70,489,654 1,891,699SR
557,121AG 101,932,541
___________ __________ _________ ___________
TOTALS
104,670,621
90,026,613 9,433,893
204,131,127

105,615,383

205,075,889

AUTHORIZED EMPLOYEES
Full Time
751
758
5.
Part Time 34
TOTAL
785
792

1. In accordance with W.S. 42
‑
2
‑
103(d), the state supplemental security income monthly payment for the period beginning July 1, 2004, and ending June 30, 2006 shall be as follows:
(i)

$10.44 for an individual living in own household;
(ii)

$13.24 for each member of a couple living in own household;
(iii)

$14.16 for an individual living in the household of another;
(iv)

$16.01 for each member of a couple living in the household of another.

2. Of this general fund appropriation, one million two hundred thousand dollars ($1,200,000.00) shall be expended to support the Northern Arapaho and Eastern Shoshone TANF programs for the period beginning July 1, 2004 and ending June 30, 2005, and one million two hundred thousand dollars ($1,200,000.00) shall be expended to support the Northern Arapaho and Eastern Shoshone TANF programs for the period beginning July 1, 2005 and ending June 30, 2006.

3. The legislature hereby determines that childcare providers contracted to provide day-care services by the department are self-employed for profit entities and are not employees of the department and not eligible for employee benefits as a result of receiving contract payments from the state. Notwithstanding any other provision of law, the department is hereby granted the authority to appeal any decision of any state administrative body inconsistent with this determination.

4. By October 1, 2004, the department of education and the department of family services shall present recommendations to the joint education interim committee and the joint labor, health and social services interim committee on how the expenditure of funds under the temporary assistance to needy families program can be coordinated between day care centers and preschools for at-risk children to promote cooperation rather than competition.

5. One (1) additional full-time employee shall be utilized to support the increased caseload and treatment costs for court ordered placement of eighteen (18) to twenty-one (21) year old youth. The position specified in this footnote is effective only if 2004 Senate File 0008 is enacted into law.

6.

Of the general fund appropriation, seven hundred fifty thousand dollars ($750,000.00) shall only be expended for the low income energy assistance program. This appropriation shall be considered a one-time appropriation and shall not be included as part of the department's 2007-2008 standard budget. On or before December 1, 2006, the department shall report to the joint appropriations interim committee on expenditures made under this footnote for the low income energy assistance program.

Section 051. Livestock Board

PROGRAM
Administration 1.,2. 1,183,972 1,183,972
Animal Health 968,356 968,356
Brucellosis testing

922,040

922,040
Brand Recording & Permits 618,664AG 618,664
Brand Inspection 7,119,565SR
31,774AG 7,151,339
Predator Control Fees 1,225,000SR 1,225,000
___________ __________ _________ __________
TOTALS
2,152,328
0 8,995,003
11,147,331

3,074,368

12,069,371

AUTHORIZED EMPLOYEES
Full Time 17
Part Time 0
TOTAL 17

1. Of this general fund appropriation, two hundred twenty thousand dollars ($220,000.00) shall only be expended for support of two (2) full-time lab tech I services at the Wyoming state veterinary lab in Laramie, Wyoming, and ten thousand dollars ($10,000.00) shall only be expended for out-of-state travel for brucellosis related issues. The appropriation specified under this footnote shall be effective immediately.

2. Of this general fund appropriation, two hundred seventeen thousand nine hundred ninety-seven dollars ($217,997.00) for the assistant state veterinarian is effective immediately.

Section 057. Community College Commission

PROGRAM
Administration
2.

5,322,578

5,322,578

5,572,578

5,572,578
State Aid
139,190,125

139,190,125

147,380,625

147,380,625
Contingency Reserve 3,200,000SR 3,200,000
Leveraging Ed Ast Partnerships 225,000 112,500 337,500
Incentive Fund 500,000 500,000
Community Colleges Endowment 1. 29,750,000 29,750,000
Public Television
6,694,174

6,694,174

8,394,982

8,394,982
___________ __________ _________ ___________
TOTALS
181,681,877
112,500 3,200,000
184,994,377

191,823,185

195,135,685

AUTHORIZED EMPLOYEES
Full Time 10
Part Time 0
TOTAL 10

1. This appropriation shall be effective only if 2004 Senate File 0006 is enacted into law.

2.

Of this general fund appropriation, two hundred fifty thousand dollars ($250,000.00) shall be used to fund licensed practical nursing outreach program coordinators. Funding for a coordinator shall not be released to a college until the college has signed an agreement with a community outside the college district to offer a licensed practical nursing program in the community.

Section 060. Office of State Lands and Investments
4.

PROGRAM
Operations 1.,2.
,5.

16,799,525
35,667,967 3,427,595SR

16,879,525
2,313,777AG
58,208,864

58,288,864
County Emergency Fire Suppression 2,580,000 2,580,000
Mineral Royalty Grants
3.

28,000,000
35,000,000S4
35,000,000

63,000,000
Transportation Enterprise Fund 2,000,000SR 2,000,000
___________ __________ __________ ___________
TOTALS
19,379,525
35,667,967 42,741,372
97,788,864

47,459,525

125,868,864

AUTHORIZED EMPLOYEES
Full Time 98
Part Time 0
TOTAL 98

1. Of this appropriation, seven hundred sixty-four thousand four hundred ninety dollars ($764,490.00) from the general fund, and nine hundred ninety-two thousand five hundred dollars ($992,500.00) from federal funds appropriated to the forestry program to manage fire on state lands shall be effective immediately.

2. Of this general fund appropriation, one million nine hundred forty-four thousand dollars ($1,944,000.00) shall be transferred to the federal mineral royalty capital construction account created by W.S. 9
‑
4
‑
604 for purposes of funding fifty percent (50%) of the state match for the federal safe drinking water revolving loan fund program pursuant to W.S. 16
‑
1
‑
302(b).

3. Of this general fund appropriation, ten million dollars ($10,000,000.00) shall only be loaned or granted to local governments impacted by natural resource development as determined by the state land and investment board.

4. In addition to the investment authority provided by W.S. 9
‑
4
‑
701(r), the state loan and investment board may request, and the state treasurer may invest, up to an additional four million dollars ($4,000,000.00) contained in the common school account within the permanent land fund to purchase land and improvements within Wyoming as assets of the trust provided that, in exercising the authority under this footnote, there shall be no net gain of lands held for the common school account in excess of ten thousand (10,000) acres.

5. Of this general fund appropriation eighty thousand dollars ($80,000.00) shall only be expended for the purpose of the weed control program on state trust lands.

Section 063. Governor's Residence

PROGRAM
Residence Operation 489,077 489,077
Governor's Residence 1.

10,000

10,000
___________ __________ _________ __________
TOTALS
489,077
0 0
489,077

499,077

499,077

AUTHORIZED EMPLOYEES
Full Time 2
Part Time 3
TOTAL 5

1. This general fund appropriation shall be used for the replacement and repair of china and crystal for the governor's residence. Donations from private parties may be accepted for this purpose.

Section 067. University of Wyoming

PROGRAM
State Aid 1.,2.,
3.

288,794,272

288,794,272

292,995,476

292,995,476
___________ __________ _________ ___________
TOTALS
288,794,272
0 0
288,794,272

292,995,476

292,995,476

AUTHORIZED EMPLOYEES
Full Time 0
Part Time 0
TOTAL 0

1. Of this general fund appropriation, sixty thousand dollars ($60,000.00) shall be one-time funding and shall only be expended for continuing the University of Wyoming/Wyoming Heritage Foundation Leadership Wyoming Program for the period beginning July 1, 2004 and ending June 30, 2006.

2. Of this amount, two million nine hundred eighty-four thousand dollars ($2,984,000.00) shall only be expended for the department of intercollegiate athletics to enhance future revenue generation, restore competitive excellence and achieve academic success. These funds shall be considered one-time funds, shall not revert and shall not be included in the university's standard budget for the fiscal 2007-2008 biennium.

3. Of this general fund appropriation, sixty-five thousand dollars ($65,000.00) shall only be expended for the purpose of increasing the faculty compensation plan at the Casper and Cheyenne family practice residency programs and two hundred forty-four thousand dollars ($244,000.00) shall only be expended for increasing the resident compensation plan at the Casper and Cheyenne family practice residency programs.

Section 080. Department of Corrections

PROGRAM
Corrections Operations 1.
61,114,306

6,641,888
3,464,614SR

66,675,624

3,806,523
135,300T0
71,356,108

2,444,700TT

76,526,761
Field Services 26,876,241 2,107,098SR
28,983,339

75,237TT

29,058,576
Honor Conservation Camp
7,946,273
526,226T0
8,472,499

8,033,275

8,559,501
Womens' Center 2.,3.
7,408,847
227,858T0
7,636,705

7,548,308

7,776,166
Honor Farm
6,781,632
769,092IS

7,098,816
421,479T0
7,972,203

8,289,387
State Penitentiary
51,464,919
1,640,860T0
53,105,779

51,495,939

53,136,799
___________ __________ _________ ___________
TOTALS
161,592,218

6,641,888

9,292,527

177,526,633

167,728,203

3,806,523

11,812,464

183,347,190

AUTHORIZED EMPLOYEES
Full Time 800
Part Time 15
TOTAL 815

1. Of the special revenue appropriation for the correctional industries program, two hundred forty-four thousand five hundred twelve dollars ($244,512.00) shall be effective immediately.

2. Of this general fund appropriation, forty thousand dollars ($40,000.00) shall be used by the Wyoming women's center to cover costs of nontraditional job training and job placement for inmates at Wyoming training sites. The department shall, for a period of three (3) years from the time of their release, maintain current information regarding inmates who have participated in this program to determine job retention and wage progression, and shall report the results to the joint appropriations interim committee November 1 of each year 2005, 2006 and 2007.

3. Of this general fund appropriation, two hundred ninety-two thousand five hundred seventy-five dollars ($292,575.00) shall be used to purchase computed radiology equipment and complete laboratory upgrades at the Niobrara Health and Life Center.

Section 081. Board of Parole

PROGRAM
Administration
1,277,470

1,277,470

1,354,034

1,354,034
___________ __________ _________ __________
TOTALS
1,277,470
0 0
1,277,470

1,354,034

1,354,034

AUTHORIZED EMPLOYEES
Full Time 6
Part Time 0
TOTAL 6

Section 085. Wyoming Business Council

PROGRAM
Wyoming Business Council
1.,2.,4.,
6.

36,935,502
7,844,061 614,736SR

53,231,102
1,140,876EF
46,535,175

62,830,775
Tourism 3.,5.
16,451,423
750,000S7
17,201,423

16,491,423

3,600S3

17,245,023
___________ __________ _________ __________
TOTALS
53,386,925
7,844,061
2,505,612

63,736,598

69,722,525

2,509,212

80,075,798

AUTHORIZED EMPLOYEES
Full Time 1
Part Time 0
TOTAL 1

1. Of this general fund appropriation, twenty-five million dollars ($25,000,000.00) shall be deposited to the business ready community account. Any revenues to be deposited to the business ready community account pursuant to W.S. 9
‑
4
‑
601(b) shall be reduced by the amount of this appropriation deposited to the business ready community account.

2. Notwithstanding any other provision of law, of the total appropriation for the business ready community program, the council shall grant not to exceed two hundred fifty thousand dollars ($250,000.00) as required to fund the broadband initiative proposed by the Wyoming telecommunications council in that council's budget request contained in the department of administration and information state of Wyoming 2005-2006 biennium budget request. The grant under this footnote shall not be subject to approval by the state loan and investment board pursuant to W.S. 9
‑
12
‑
601.

3. (a)

There is created the Wyoming tourism board within the Wyoming business council.
(b)

The tourism board is composed of nine (9) members appointed by the governor. The governor may remove any member as provided by W.S. 9
‑
1
‑
202. Members of the board shall be employed in or associated with the travel industry. Two (2) members shall be designated as at-large members of the board. Of the seven (7) remaining members, one (1) each shall be appointed from each of the appointment districts set forth in W.S. 9
‑
1
‑
218.
(c)

The tourism board shall be responsible for implementing the tourism program and functions assigned to the Wyoming business council under the Wyoming Economic Development Act, including the expenditure of all funds appropriated for this program.
(d)

The tourism board shall be subject to oversight by the Wyoming business council to assure compliance with the Wyoming Economic Development Act.
(e)

Members of the board shall be compensated in the same manner as members of the Wyoming business council.
(f)

The board shall exist until June 30, 2006. Upon termination of the board, its powers shall pass and be vested in the Wyoming business council.

4. Of this general fund appropriation, one hundred sixty-eight thousand three hundred five dollars ($168,305.00) shall be in addition to amounts appropriated in the standard and exception budget request for support of the market research center located in Laramie, Wyoming.

5. Of this general fund appropriation, two million dollars ($2,000,000.00) shall only be expended to support national television advertising.

6. Of this general fund appropriation, three million dollars ($3,000,000.00) appropriated under this act for the air services enhancement account shall be reduced dollar for dollar by any amount appropriated to the air service enhancement account in 2005 House Bill 0053 if that bill is enacted into law.

Section 151. District Attorney/Jud. Dist. 1

PROGRAM
Administration
2,243,876

2,243,876

2,596,740

2,596,740
___________ __________ _________ __________
TOTALS
2,243,876
0 0
2,243,876

2,596,740

2,596,740

AUTHORIZED EMPLOYEES
Full Time
16
18
Part Time 1
TOTAL
17
19

Section 205. Education - School Finance

PROGRAM
School Foundation Pgm 1.,
4.

778,697,670S5

778,697,670

794,519,450S5

794,519,450
Court Ordered Placements
6.

20,157,126S5

20,157,126

20,557,126S5

20,557,126
Mill Levy Debt Pledge 7,750,000S6 7,750,000
Education Reform 2.
,5.

16,726,344S5

16,726,344

16,849,094S5

16,849,094
Reading Assessment & Intervention 7,550,640S5 7,550,640
Student Performance Data Systems 3. 1,000,000S5 1,000,000
___________ __________ ___________ ___________
TOTALS 0 0
831,881,780

831,881,780

848,226,310

848,226,310

AUTHORIZED EMPLOYEES
Full Time 0
Part Time 0
TOTAL 0

1. To the extent possible, the external cost adjustment provided by this appropriation shall be included in the computation of the minimum entitlement for a charter school under W.S. 21
‑
3
‑
314(c)(i). This shall apply to funding for the school years 2004-2005 and 2005-2006 only.

2. The department shall use any funds received from the universal service fund to fund the Wyoming Education Network (WEN) program.

3.

(a)

Of the school foundation program account appropriation, one million dollars ($1,000,000.00) shall only be expended by the department of education for the continuing implementation and operation of the student performance data system as provided by 2003 Wyoming Session Laws, Chapter 131, Section 327(a) and the continuing development and implementation of the statewide education data system established under 2003 Wyoming Session Laws, Chapter 131, Section 327(b).

(b)

On or before July 1, 2006, and in the manner required under 2002 Wyoming Session Laws, Chapter 76, Section 18(c), the state superintendent shall report to the joint appropriations interim committee and the joint education interim committee on the expenditure of funds under 2003 Wyoming Session Laws, Chapter 131, Section 327(c), and under this footnote.

(c)

In addition to reporting requirements imposed under subsection (b) of this footnote, the state superintendent shall report to the joint education interim committee on the student performance data system and the statewide education data system funded by subsection (a) of this footnote. The report shall be made on or before November 1, 2004, and shall include the status of the data systems, timelines established for implementation of the systems and system expenditures.

4. In accordance with W.S. 21
‑
13
‑
309(o)(i), this appropriation includes an external cost adjustment of two and three-tenths percent (2.3%) for school year 2004-2005 and two and three-tenths percent (2.3%) for school year 2005-2006.

5. Of this other fund appropriation, one hundred twenty-two thousand seven hundred fifty dollars ($122,750.00) shall only be expended for the purpose of purchasing and installing Wyoming Education Network (WEN) video connectivity equipment for Fremont county school district #21 and Fremont county school district #38.

6.

Of this appropriation and for fiscal year 2005-2006, four hundred thousand dollars ($400,000.00) shall only be expended by the department of education to continue the provision of educational programs and services to children placed in juvenile detention facilities commencing the day following the detention hearing, as originally authorized under and subject to conditions and limitations prescribed by 2004 Wyoming Laws, Chapter 111, Section 3(b). In addition, unexpended and unencumbered amounts remaining from the appropriation under 2004 Wyoming Laws, Chapter 111, Section 3(b), existing on June 30, 2005, shall be reappropriated and shall only be expended by the department for purposes of this footnote.

[CAPITAL CONSTRUCTION]

Section 3.
Sections 006, 007, 010, 024, 027, 057, 067 and 080 of Section 3, Chapter 95, 2004 Wyoming Session Laws are amended to read:

Section 006. Administration & Information

PROGRAM
Pioneer Building - Purchase 1. 4,000,000 4,000,000
Construction Mgt Contingency

7,800,000

7,800,000
Supreme Court Bldg Renovation 2.

14,970,836

559,000SR

15,529,836
Museum Collections Facility

100,000

100,000
___________ __________ _________ __________
TOTALS
4,000,000
0
0

4,000,000

26,870,836

559,000

27,429,836

1. Of this appropriation three million five hundred thousand dollars ($3,500,000.00) shall only be expended by the state building commission for purchase of the Pioneer building located at 2424 Pioneer Avenue in Cheyenne, Wyoming and five hundred thousand dollars ($500,000.00) shall only be expended for all costs associated with relocating state employees.

2. During the 1994 legislative session, the legislature appropriated funds for capital construction projects and authorized that those projects could be financed under W.S. 9
‑
4
‑
605 through the issuance of revenue bonds. Interest has accumulated in excess of the amounts necessary to fund the projects in an amount of five hundred fifty-nine thousand dollars ($559,000.00). Of this other fund appropriation, five hundred fifty-nine thousand dollars ($559,000.00) is appropriated from this excess for the purpose of the supreme court building renovation project.

Section 007. Military Department

PROGRAM
Lead Abatement Statewide 1,000,000 1,000,000
Camp Guernsey Land Acquisition 1. 3,900,000 3,900,000
Camp Guernsey Facilities Upgrades 2. 500,000 500,000
Armory Assessment Surveys

80,000

80,000
Casper Armory Addition & Renovation

1,472,000

3,029,000

4,501,000
Wyo Military Dept Headquarters Co

780,000

780,000
Joint Urban Training & Testing Center

1,400,000

1,400,000
Laramie Armory & Maintenance Facility

398,000

398,000
Oregon Trail State Veterans Cemetery

10,000

700,000

710,000
___________ __________ _________ __________
TOTALS
5,400,000

0
0
5,400,000

8,140,000

5,129,000

13,269,000

1. This appropriation is effective immediately. Subject to approval by the governor, this appropriation may be used by the Wyoming military department to purchase any land that would increase the capabilities of Camp Guernsey as a military training and military operations site, or protect Camp Guernsey from private or public encroachment that may inhibit future military use. The department shall obtain an appraisal from a Wyoming certified general real estate appraiser, and shall consider the appraisal value prior to purchase of any real property. The department shall report purchase actions taken to the joint transportation and highways interim committee not later than September 1, 2005.

2. This appropriation is effective immediately. The appropriation may be used for administrative expenses related to the purchase of real property to Camp Guernsey, to include environmental management and infrastructure requirements for initial military use.
Section 010. Agriculture Department

PROGRAM
State Fair - Facilities Upgrade 2,631,880 336,875AG 2,968,755
State Fair - Livestock Pavillion
2,560,000

2,560,000

4,874,274

4,874,274
State Fair - Multi-Purpose Exhibit 1,600,000 1,600,000
___________ __________ _________ __________
TOTALS
6,791,880
0 336,875
7,128,755

9,106,154

9,443,029

Section 024. Department of State Parks and Cultural Resources

PROGRAM
Health & Safety 544,400 2,000,000EF 2,544,400
Water Related Facilities
1,600,000
1,616,000 956,000SR
2,572,000

4,172,000
Ranch A Renovation 125,000 125,000
Hist. Governor's Mansion-Rehab. 1.,2.
435,390

435,390

735,390

735,390
Historic Trails Museum-Displays 3. 500,000 500,000
Granger Stage St-Stabilization 4. 2,500 2,500
___________ __________ _________ __________
TOTALS
1,062,890
2,160,400 2,956,000
6,179,290

2,962,890

8,079,290

1. Of this general fund appropriation,
four hundred thirty-five thousand three hundred ninety dollars ($435,390.00)
seven hundred thirty-five thousand three hundred ninety dollars ($735,390.00)
shall only be expended for the renovation and restoration of the historic governor's mansion. Of the appropriation specified under this footnote three hundred thousand dollars ($300,000.00) shall be effective immediately.

2. Notwithstanding any provision of law, no funds from fees collected by the agency at state park and historical site locations other than the historic governor's mansion shall be expended for support or maintenance of the historic governor's mansion.

3. This appropriation shall be deposited into a trust and shall not be effective until the center has provided a nonstate fund cash match of five hundred thousand dollars ($500,000.00). This appropriation is only effective until June 30, 2006 and shall revert to the budget reserve account if the match required by this footnote has not been received.

4. This appropriation shall only be expended after a cash match from nonstate funds of an amount equal to this appropriation has been received.

Section 027. School Facilities Commission

PROGRAM
Capital Construction 1.,2.,3.,
4.

293,999,412S6

293,999,412

298,572,162S6

298,572,162
___________ __________ ___________ ___________
TOTALS 0 0
293,999,412

293,999,412

298,572,162

298,572,162

1. The amounts appropriated for individual school building projects shall be as contained in the school facilities commission state of Wyoming 2005-2006 biennium budget request as amended by including the projects listed in governor's letter #6 dated January 22, 2004
and governor's letter #9 dated January 21, 2005
to the joint appropriations interim committee. The amounts contained in those documents shall not be construed to be an entitlement or guaranteed amount and shall be expended by the commission in accordance with the facility guidelines established by the commission as of December 5, 2003. The construction contracts awarded for capital construction projects in this section shall be awarded on a design-bid-build model unless otherwise authorized by the school facilities commission.

2. Of this appropriation, thirty-five million eight hundred seventy-eight thousand one hundred twenty dollars ($35,878,120.00) shall be effective immediately.

3. The amounts appropriated for projects funded in this section include amounts for furnishings and fixtures computed as a percentage of building costs, and include amounts for a project contingency computed as a percentage of building site and general conditions cost. The commission shall authorize expenditure of project contingency amounts only for unusual and unforeseen items.

4. Notwithstanding footnote #1 of this section, any unobligated, unexpended appropriations made pursuant to this section for school building projects for any school district subject to recapture under W.S. 21
‑
13
‑
102(b) to which the department of education rebated excess recaptured amounts to the district under W.S. 21
‑
13
‑
102(c) shall be reduced dollar for dollar by the amount rebated to the school district pursuant to W.S. 21
‑
13
‑
102(c) for the period beginning July 1, 2004 and ending June 30, 2006.

Section 057. Community College Commission

PROGRAM
NCC - Gillette Diesel/Welding Facility 14,487,800PR 14,487,800
LCCC - Residence Hall

10,381,619PR

10,381,619
WPTV - Central Wyoming College

650,000

650,000
WWC – Technology & Industry Wing

1,500,000AG

1,500,000
___________ __________ _________ __________
TOTALS
0
0
14,487,800

14,487,800

650,000

26,369,419

27,019,419

Section 067. University of Wyoming
6.

PROGRAM
Residence Hall Renovations 1.,2. 150,000 8,600,000RB 8,750,000
Athletic Plan Cap Facilities 3.,4. 10,000,000 10,000,000
Classroom Renovations

16,862,500

16,862,500
Archeology & Anthropology

Facility 5.

16,000,000RB

16,000,000
Info Library & Learning Center

45,000,000

45,000,000
___________ __________ _________ __________
TOTALS
10,150,000
0
8,600,000

18,750,000

72,012,500

24,600,000

96,612,500

1. Of this appropriation, the trustees of the University of Wyoming are authorized to issue bonds or other securities, in accordance with the provisions of the University Securities Law (W.S. 21
‑
17
‑
402 through 21
‑
17
‑
450) in a total principal amount not to exceed eight million six hundred thousand dollars ($8,600,000.00) for the purpose of renovation of residence halls at the university. Nothing contained in this footnote shall be construed as preventing the trustees from funding, refunding or reissuing any securities at any time as provided in the University Securities Law. This appropriation shall be effective immediately.

2.

Of the general fund appropriation, one hundred fifty thousand dollars ($150,000.00) shall be expended for the design and construction of a facility to house a statue of Chief Washakie, including a proper base on which to place the statue, appropriate lighting, signing and other necessary support for the statue. The facility shall be situated on or within close proximity to the Washakie center building located on the university campus. The facility location and design shall be reviewed and approved by the university board of trustees and the select committee on tribal relations.

3. If 2004 House Bill 0150 is enacted into law, this appropriation shall be deposited into the university athletics challenge account established under W.S. 21
‑
16
‑
113. If 2004 House Bill 0150 is not enacted into law, then this appropriation shall only be expended for the purpose of establishing new or renovating existing university intercollegiate athletics facilities consistent with the 2003 intercollegiate athletics plan approved by the university board of trustees. This appropriation shall be expended only to the extent the University of Wyoming receives qualifying matching contributions from donors for athletics facilities consistent with that plan. To qualify as a matching contribution, the donor shall, before June 30, 2006, transfer money or other property of a value of not less than twenty-five thousand dollars ($25,000.00) to the University of Wyoming foundation to be expended exclusively for establishing new or renovating existing university intercollegiate athletics facilities consistent with the 2003 intercollegiate athletics plan approved by the University board of trustees. Not later than June 30, 2006, the University of Wyoming shall report to the legislature regarding the extent to which qualifying matching contributions were made, a description of expenditures made prior to that date, and the specific plans for the expenditure of remaining funds, both state and private.

4. Of this appropriation, one million two hundred thousand dollars ($1,200,000.00) shall be used by the University of Wyoming for athletic facilities related to track and field and other nonrevenue generating sports.

5. Of this appropriation, the trustees of the University of Wyoming are authorized to issue bonds or other securities, in accordance with the provisions of the University Securities Law (W.S. 21
‑
17
‑
402 through 21
‑
17
‑
450) in a total principal amount not to exceed sixteen million dollars ($16,000,000.00) for the purpose of a new archeology and anthropology facility. Nothing contained in this footnote shall be construed as preventing the trustees from funding, refunding or reissuing any securities at any time as provided in the University Securities Law.

6. The University of Wyoming shall provide a report to the joint appropriations interim committee not later than December 1, 2005, concerning its efforts to provide for parking within the university for faculty, staff and visitors. The report shall address the need for parking structures, public transportation throughout the university, its penalty/fine practices and policies and convenience of parking for visitors using university facilities.

Section 080. Department of Corrections

PROGRAM
WHCC–Prog/Admin Bldg & Exp Plan 1. 7,158,900 7,158,900
WHF - Expansion Plan 7,685,900 7,685,900
WSP - Expansion Plan 16,338,900 16,338,900
WWC - Expansion Plan 17,321,300 17,321,300
WSP - North Facility Demolition 2,173,500 2,173,500
WSP - Phase III Drawing/Planning 8,441,883 8,441,883
WSP - Bond Repayment 2. 66,777,383 66,777,383
New Facility 4.

76,000,000

76,000,000
___________ __________ _________ ___________
TOTALS 3.
125,897,766
0 0
125,897,766

201,897,766

201,897,766

1. This appropriation shall be effective immediately.

2. This appropriation shall only be expended for the purpose of exercising the early purchase option for the correctional facility located in Rawlins, Wyoming leased to the state by the Wyoming building corporation.

3. Of this total general fund appropriation, ten million five hundred thousand dollars ($10,500,000.00) shall be effective immediately.

4. Of this general fund appropriation, the department is authorized to reimburse the communities of Riverton, Rawlins, Worland, Torrington and Lincoln counties an amount not to exceed fifteen thousand dollars ($15,000.00) each for professional services expended during Phase I and II of the process of determining the location of the new correctional facility. All amounts expended under this footnote shall be as determined by the department and approved by the governor.

1

ORIGINAL SENATE

ENGROSSED
FILE

NO.
0001

ENROLLED ACT NO. 90, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

Section 4.
Sections 300, 301, 302, 303, 306, 307, 322 and by creating new Sections 327 through 332 and 399 of Chapter 95, 2004 Wyoming Session Laws are amended to read:

[BUDGET BALANCERS - TRANSFERS]

Section 300.

(a)

There is appropriated from the budget reserve account to the general fund an amount not to exceed
six hundred twenty-two million one hundred seventy-four thousand seventy-nine dollars ($622,174,079.00)
nine hundred thirty-seven million three hundred sixty-eight thousand three hundred thirty-three dollars ($937,368,333.00)
.
In addition to amounts appropriated from the budget reserve account to the general fund under this subsection, there is appropriated from the budget reserve account to the general fund an amount necessary to fully fund general fund appropriations contained in any enactment of the 2004 budget session and special session and 2005 general and budget session and maintain a June 30, 2006 unappropriated general fund balance of ten million dollars ($10,000,000.00).

Notwithstanding any other provision of law, including but not limited to any other enactment of the 2004 budget session
and special session and 2005 general and budget session,
there is appropriated and the state auditor shall transfer on June 30, 2006 from the general fund to the budget reserve account all funds, other than those funds necessary to maintain an unappropriated general fund balance of ten million dollars ($10,000,000.00).

(b)

There is transferred to the general fund from the special revenue fund fifty million dollars ($50,000,000.00) from funds received by the state from the federal government pursuant to the federal Jobs And Growth Tax Relief Reconciliation Act of 2003. This transfer shall include any investment income accruing to the special revenue fund from the investment of such funds. This subsection is effective immediately.

[SCHOOL CAPITAL CONSTRUCTION – TRANSFERS]

Section 301.

(a)

There is appropriated from the budget reserve account to the public school capital construction account created by W.S. 21
‑
15
‑
111(a)(i) two hundred seventy-two million thirty-nine thousand five hundred thirty-eight dollars ($272,039,538.00). Of this appropriation, twenty-one million one hundred fifty-four thousand three hundred ninety-six dollars ($21,154,396.00) shall be appropriated effective immediately.

(b)

For the period beginning on the effective date of this subsection and ending June 30, 2006, the state auditor in consultation with the state treasurer shall reduce the total appropriation in subsection (a) of this section by the amount of federal coal lease bonus revenues deposited into the school capital construction account pursuant to W.S. 9
‑
4
‑
601(b) from federal coal lease bonus sales occurring after the effective date of this subsection. This subsection is effective immediately.
[LANGUAGE SHOWN AS STRICKEN VETOED BY GOVERNOR MARCH 5, 2004.]

(c)

For the budget period ending June 30, 2006, the state auditor in consultation with the state treasurer shall transfer from the school capital construction account to the budget reserve account any federal coal lease bonus revenue deposited into the school capital construction account pursuant to W.S. 9
‑
4
‑
601(b) occurring from federal coal lease bonus sales made after June 15, 2004. Any transfers made pursuant to this subsection shall be reduced in order to maintain an estimated June 30, 2006 unappropriated unobligated balance of twenty-five million dollars ($25,000,000.00) in the school capital construction account. Transfers under this subsection to the budget reserve account shall not exceed two hundred seventy-two million thirty-nine thousand five hundred thirty-eight dollars ($272,039,538.00).

(d)

The legislative stabilization reserve account (LSRA) is hereby created. One-half (1/2) of any amounts transferred to the budget reserve account from the school capital construction account pursuant to subsection (c) of this section shall be transferred from the budget reserve account to the legislative stabilization reserve account.
Any amounts transferred to the legislative stabilization reserve account pursuant to this subsection in excess of eighty-five million dollars ($85,000,000.00) shall be transferred to the permanent Wyoming mineral trust fund.

[MEDICAID CONTINGENCY APPROPRIATIONS]

Section 302.

(a)

There is appropriated from the general fund to the state auditor three million two hundred thousand dollars ($3,200,000.00) to be expended only upon determination by the governor that the department of health has insufficient general funds available for Medicaid programs for the period beginning with the effective date of this subsection and ending on June 30, 2004. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2004 shall revert to the budget reserve account. This subsection is effective immediately.

(b)

There is appropriated from the general fund to the state auditor thirteen million two hundred eighty-two thousand two hundred seventy-nine dollars ($13,282,279.00) for the purposes of providing a reserve for the state's share of matching funds for the Medicaid mandatory services program. This appropriation shall be expended only after further action reappropriating these funds by the 2005 legislature, and only if the governor determines no other sources of funds are available. Any unexpended, unobligated funds remaining from this appropriation shall not be used for any other purpose and shall revert to the budget reserve account on June 30, 2006.

(c)

There is appropriated from the general fund to the state auditor five million five hundred thirty-six thousand eighty-one dollars ($5,536,081.00) for the purposes of providing a reserve for the state’s share of matching funds for the Medicaid program. This appropriation shall be expended only if the federal government lowers the federal medical assistance percentage from the level in effect for fiscal year 2005, and the governor determines no other sources of funds are available for this program. Any unexpended, unobligated funds remaining from this appropriation on June 30, 2006 shall revert to the budget reserve account.

[PERMANENT MINERAL TRUST FUND – TRANSFERS]

Section 303.

(a)

There is appropriated from the budget reserve account to the permanent Wyoming mineral trust fund fifty million dollars ($50,000,000.00). This subsection is effective immediately.

(b)

There is appropriated from the budget reserve account to the permanent Wyoming mineral trust fund
twenty-five million dollars ($25,000,000.00)
fifty-one million five hundred fifty thousand dollars ($51,550,000.00)
. The state treasurer shall effect this appropriation by transferring
twenty-five million dollars ($25,000,000.00)
fifty-one million five hundred fifty thousand dollars ($51,550,000.00)
from the budget reserve account to the permanent Wyoming mineral trust fund on June 30, 2005.

(c)

There is appropriated from the budget reserve account to the permanent Wyoming mineral trust fund
twenty-five million dollars ($25,000,000.00)
fifty-one million five hundred fifty thousand dollars ($51,550,000.00)
. The state treasurer shall effect this appropriation by transferring
twenty-five million dollars ($25,000,000.00)
fifty-one million five hundred fifty thousand dollars ($51,550,000.00)
from the budget reserve account to the permanent Wyoming mineral trust fund on June 30, 2006.

[EMPLOYEE BENEFITS]

Section 306.

(a)

There is appropriated from the general fund to the state auditor:

(i)

Sixteen million six hundred thousand dollars ($16,600,000.00) for the purpose of paying the state's contribution to the state health insurance plans under W.S. 9
‑
3
‑
210 for each qualifying executive, judicial and legislative branch employee including employees of the University of Wyoming and the community colleges in the following amounts for the specified time periods:

(A)

For the period beginning December 1, 2004 and ending November 30, 2005 an amount to be determined by the employees group insurance section of the department of administration and information but not to exceed:

(I)

Four hundred twenty-five dollars and thirty-seven cents ($425.37) per month for any employee electing single coverage;

(II)

Eight hundred thirty-four dollars and twenty-two cents ($834.22) per month for an employee electing employee plus one (1) dependent coverage; and

(III)

Nine hundred fifty-two dollars and ninety cents ($952.90) per month for an employee electing family coverage.

(B)

For the period beginning December 1, 2005 an amount to be determined by the employees group health insurance section of the department of administration and information but not to exceed:

(I)

Four hundred seventy-nine dollars and forty-three cents ($479.43) per month for an employee electing single coverage;

(II)

Nine hundred forty-three dollars and twelve cents ($943.12) per month for an employee electing employee plus one (1) dependent coverage; and

(III)

One thousand seventy-seven dollars and ninety-seven cents ($1,077.97) per month for an employee electing family coverage.

(ii)

Twenty-one million eighteen thousand three hundred forty-six dollars ($21,018,346.00) to be expended for salary adjustments for executive branch employees in the following manner:

(A)

Seventeen million seven hundred seventy-six thousand eight hundred thirty-seven dollars ($17,776,837.00) to provide not to exceed a three percent (3%) per year salary increase for all employees for each year of the budget period beginning July 1, 2004 and ending June 30, 2006; and

(B)

Three million two hundred forty-one thousand five hundred nine dollars ($3,241,509.00) to address existing market inequities as determined by the department of administration and information human resources division.

(b)

Notwithstanding W.S. 9
‑
2
‑
1022, and for the period commencing July 1, 2004 and ending June 30, 2006, longevity pay increases under W.S. 9
‑
2
‑
1022(c)(v) shall be paid at a rate of forty dollars ($40.00) per month for each five (5) years of service as an executive branch employee of the state. There is appropriated from the general fund to the state auditor one million dollars ($1,000,000.00) for purposes of this subsection.

(c)

In addition to the scheduled market and other adjustments under the state pay plan under paragraph (a)(ii) of this section, there is appropriated from the general fund to the state auditor
one million five hundred thousand dollars ($1,500,000.00)
two million two hundred sixty-seven thousand dollars ($2,267,000.00)
to be expended to bring salaries for licensed practical nurse (LPN), Nurse 3, Nurse 4 and Nurse 5 positions to a competitive level of Wyoming nursing salaries as determined by the human resources division of the department of administration and information. This appropriation shall be utilized to achieve maximum recruitment and retention, and to reduce turnover and the need to utilize pool nurses. Of this general fund appropriation, funds shall not be used to supplant other funding sources if such sources have been used to fund nursing positions prior to the effective date of this act.
Agencies receiving additional funding under this subsection shall report to the joint appropriations interim committee not later than December 1, 2005 on the utilization of the funding, whether market salary levels have been achieved and whether an optimal mix of permanent and contract nurses has been achieved.

(d)

Any general fund appropriation for employee's benefits in this section which is not expended for that purpose shall revert to the general fund.

(e)

Provided adequate funds are available, employees whose benefits are paid from nongeneral fund sources shall receive the same benefits as provided in this section and the necessary amounts are hereby appropriated from those accounts and funds.

(f)

Except as provided in paragraph (a)(i) of this section, this section does not apply to University of Wyoming or community college employees.

[MAJOR MAINTENANCE FUNDING PROCESS FOR
STATE FACILITIES, UNIVERSITY AND COMMUNITY COLLEGES]

Section 307.

(a)

For the fiscal year beginning July 1, 2004, there is appropriated from the general fund for major building and facility repair and replacement to the entities and in the amounts specified as provided in this subsection. The formula amount is based on a formula similar to that used for determining major maintenance payments to the public schools, but in amounts to maintain the facilities in fair condition:

(i)

Formula amount

Funding level

Appropriation
29,571,426 times

100%

=

29,571,426

(ii)

The appropriation in paragraph (i) of this subsection shall be distributed as follows:

(A)

28.11% - To the department of administration and information for state facilities managed by the state building commission and for state institutions;

(B)

42.56% - To the University of Wyoming for university facilities, excluding student housing, the student union and auxiliary services areas, the latter being those areas funded by university self-sustaining revenues. Notwithstanding any other provision of this section, the stadium repairs included in the university's state of Wyoming 2005-2006 capital construction biennium budget request project #05—067-01-00 shall be included in the projects funded by the appropriation in this subparagraph.

(C)

29.33% - To the community college commission for community college district facilities.

(b)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a) appropriations made under
subsection
subsections
(a)
, (f) and (g)
of this section shall be separately accounted for by the recipient and shall not revert. Expenditures from these appropriations shall be restricted to expenses incurred for major building and facility repair and replacement as defined in paragraph (d)(i) of this section and as prescribed by rule and regulation of the state building commission.

(c)

Not later than October 31, 2005, the general services division of the department of administration and information, the University of Wyoming and the community college commission shall report to the state building commission and the joint appropriations interim committee on the expenditures and commitments made from the appropriations under
subsection
subsections
(a)
, (f) and (g)
of this section.

(d)

As used in this section:

(i)

"Major building and facility repair and replacement" means the repair or replacement of complete or major portions of building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use, including for compliance with the Americans with Disabilities Act, and
including installing fire suppression systems in residential facilities and
is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work;

(ii)

"Routine maintenance and repair" means activities necessary to keep a building or facility in safe and good working order so that it may be used at its original or designed capacity for its originally intended purposes, including janitorial, groundskeeping and maintenance tasks done on a routine basis and typically accomplished by state, university or community college personnel with exceptions for any routine tasks accomplished by contractors such as elevator or other specialized equipment or building system maintenance.

(e)

Not later than September 1, 2005, the general services division of the department of administration and information shall submit to the state building commission a recommendation for funding for the biennium beginning July 1, 2006, for major building and facility repair and replacement for state institutions, for University of Wyoming facilities and for community college facilities. This recommendation shall be based on a formula adopted by the state building commission, which shall be based on the following:

(i)

The gross square footage of buildings and facilities for each category of buildings for state facilities, university facilities, and community college facilities, not to exceed seven (7) building categories for each entity, excluding student housing, the student union and auxiliary services areas funded exclusively through university or community college generated revenues;

(ii)

A multiplier to maintain facilities in fair condition based on criteria from organizations with expertise in this area, such as the National Association of College and University Business Officials;

(iii)

The gross square footage of buildings and the other components of the formula shall otherwise be computed in the same manner as for major maintenance for school facilities under W.S. 21
‑
15
‑
109, including using the most current edition of the R.S. Means construction cost index, as modified to reflect current Wyoming construction costs determined by the department of administration and information, division of economic analysis to calculate replacement cost.

(f)

In addition to amounts appropriated for the University of Wyoming pursuant to subsection (a) of this section, there is appropriated from the general fund two million seventy-four thousand two hundred fifty dollars ($2,074,250.00) that shall only be expended for fire suppression systems in university residential facilities.

(g)

In addition to amounts appropriated for the community college commission pursuant to subsection (a) of this section, there is appropriated from the general fund two million nine hundred twenty-eight thousand four hundred two dollars ($2,928,402.00) that shall be distributed to the individual community colleges in the same amounts as were requested by the commission in the 2005 supplemental budget request to be expended for fire suppression systems in college residential facilities.
[BRUCELLOSIS TASK FORCE]

Section 322.

There is created the Wyoming brucellosis task force. The governor shall determine the appropriate number of task force members and shall appoint individuals involved in the beef and other industries affected by brucellosis in Wyoming. The task force shall propose recommendations for policies, rules and legislation to combat brucellosis. The task force may contract with consultants as necessary to perform its duties. Members shall be compensated for mileage, per diem and other expenses in the same manner and amount as state employees. Not later than December 31, 2004 the task force shall report its recommendations to the governor and the legislature. There is appropriated from the general fund to the department of agriculture one hundred twenty-five thousand dollars ($125,000.00) for purposes of implementing this section.
Any unobligated, unexpended funds remaining on December 31, 2004 shall revert to the general fund.

[DEPARTMENT OF EDUCATION – BUILDING LEASE]

Section 327.

The superintendent of public instruction and the administrator of the construction management section of the department of administration and information shall identify long term facilities for the state department of education's educational program division in Fremont county, Wyoming and report their findings to the joint appropriations interim committee not later than December 1, 2005. Until such time as the report is submitted, the superintendent and the administrator of the construction management section are hereby directed to lease the facility in Fremont county currently being utilized for that purpose for a period not to exceed one (1) year.

[MEDICAID MANDATORY SERVICES - COST CONTAINMENT REPORT]

Section 328.

(a)

The department of health shall prepare a cost/benefit report on the savings realized and direct and indirect costs incurred in the implementation of any cost-containment measures implemented by the department for the mandatory Medicaid services program. Costs and savings shall include consideration of the following:

(i)

Direct costs such as staffing, contracts and other resources used;

(ii)

Cost shifting to physicians in terms of added time spent in obtaining authorization for a selected course of therapy;

(iii)

Internal program cost shifting;

(iv)

Discussion of qualitative costs and benefits experienced by patients; and

(v)

Direct state and federal expenditure savings.

(b)

The department of health shall include recommendations for improvement of this evaluation process as a part of each annual report.

(c)

The department of health shall report annual findings of this study to the joint appropriations interim committee and the joint labor, health and social services interim committee by December 1, 2005 and October 31, 2006.

[WYOMING INFRASTRUCTURE AUTHORITY – BUDGET AUTHORIZATION]

Section 329.

The state treasurer is authorized to loan from the general fund to the Wyoming infrastructure authority, one million six hundred ten thousand five hundred dollars ($1,610,500.00) for operating expenses of the authority, including expenses for staff hired by the authority, and five million dollars ($5,000,000.00) for purposes of transmission development projects. No funds shall be expended for transmission development projects until the expenditure has been approved by a unanimous vote of the five (5) members of the state loan and investment board. Monies loaned to the authority under this section shall be repaid, with interest at an annual rate set by the state loan and investment board of not more than four percent (4%), to the general fund at such time and manner as the authority determines it has sufficient revenues to repay the monies after operating expenses are met, but the funds shall be repaid in any event not later than June 30, 2014. A loan agreement shall be prepared and approved by the attorney general before distribution of loan proceeds.

[WYOMING BUSINESS TECHNOLOGY CENTER]

Section 330.

(a)

There is appropriated from the general fund to the University of Wyoming five million dollars ($5,000,000.00) to construct the Wyoming business technology center on the university campus in accordance with the Level II study funded by the legislature and completed August, 2001. This appropriation is subject to the following:

(i)

The funds under this subsection of this section shall be retained by the state treasurer and made available to the university to fund this project only to the extent that cash or binding commitments have been received by the university or the city of Laramie to match the appropriation in the amount of three million one hundred eighty thousand dollars ($3,180,000.00);

(ii)

The determination as to whether a binding commitment has been received shall be made by the attorney general;

(iii)

Cash or binding commitments shall be received not later than April 1, 2006, to be counted as matching funds under this section.

(b)

Not later than November 1, 2005 and November 1, 2006, the university shall submit a report to the governor and the joint minerals, business and economic development interim committee regarding progress made toward securing matching funds. The report shall contain plans, recommendations and a budget for operating the center.

(c)

Subject to the requirements of subsection (a) of this section, appropriations under this section shall remain in effect until the project is completed.

[FILM COLLECTION – PURCHASE OPTIONS]

Section 331.

The division of tourism within the Wyoming business council in consultation with the division of cultural resources within the department of state parks and cultural resources shall evaluate the Bill Grunkemeyer film collection for the purpose of a possible state purchase of the collection and
if approved by the governor shall purchase the collection for distribution to appropriate state agencies or for resale. The division
shall report to the joint appropriations interim committee not later than October 1, 2005. The report shall include an evaluation of the value of the collection, options for state purchase of the collection if not already purchased, potential uses of the collection by the state for tourism or other promotional uses, and other permanent preservation options for the collection.
There is appropriated to the Wyoming business council from the general fund two hundred fifty thousand dollars ($250,000.00) for the purposes of this section.

[LEGISLATIVE SERVICE OFFICE]

Section 332.

2004 Wyoming Session Laws, Chapter 131, Section 1 is amended to read:

Section 1.

There is appropriated from the general fund to the legislative service office the following specified amounts, or as much thereof as may be necessary, to pay the costs and expenses of the Wyoming legislature through June 30, 2006:

SALARIES
Permanent/Temporary
.........................

$4,562,858
Legislators – Session
.......................

1,203,258
Legislators – Interim
.......................

467,671
Session Staff
...............................

726,520
Employer Paid Benefits
......................

1,669,433

IN-STATE TRAVEL [1.][2.]
Mileage and Per Diem – Session
..............

827,200
Mileage and Per Diem – Interim
..............

749,680

OUT-OF-STATE TRAVEL
Travel Expenses
.............................

118,000
Per Diem
....................................

124,380

ANNUAL DUES (both FY 2005 and 2006)
National Conference of State Legislatures
...

166,445
The Energy Council
..........................

64,000
Council of State Governments
................

128,950
CSG additional support
......................

100,000

REGISTRATION FEES
.................................

53,620

TELECOMMUNICATIONS AND POSTAGE
....................

180,000

GENERAL ADMINISTRATIVE SUPPORT [3.]
...............

847,450

947,450
(Information technology, copying,
supplies and equipment, furniture,
contract services, special projects, etc.)

STATUTES, SESSION LAWS AND DIGESTS
................

388,000

TOTAL
.......................................
...
$12,377,465

$12,477,465

Footnotes to Section 1:

1.

[Additional Travel] Not to exceed twenty-eight thousand dollars ($28,000.00) shall be used to reimburse legislators for mileage for one (1) additional trip to travel to their residence and return to the legislature during the 2005 general session and for one (1) additional trip to travel to their residence and return to the legislature during the 2006 budget session.

2.

[Mid-Session Recess – Per Diem] Subject to management council approval, legislators may be authorized not to exceed five (5) additional days per diem for a mid-session recess during the 2005 general session. Notwithstanding W.S. 28
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5
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101, legislative salary shall not be paid for any days the legislature is in recess under this footnote. Not to exceed fifty-three thousand five hundred fifty dollars ($53,550.00) shall be expended for per diem under this footnote.

3.

[Legislative Computer Equipment] Not to exceed one hundred seventy thousand dollars ($170,000.00) shall be used for the lease or purchase of laptop computers and support systems. Expenditure of funds under this footnote shall be subject to approval by the select committee on legislative technology. Legislative laptop computers being replaced shall be sold in accordance with Management Council directives.
Any proceeds received from the sale of any laptop computer shall be deposited into the general fund and are hereby reappropriated to the legislative service office to be used for the purchase of replacement laptop computers.

[TEACHER RECRUITING ASSISTANCE PROGRAM]

Section 333.

(a)

For the period commencing April 15, 2005, and ending June 30, 2006, four hundred thousand dollars ($400,000.00) is appropriated from amounts within the school foundation program account to the department of education for purposes of assisting school districts with the recruitment of teachers in special education, math and science, as well as multiple or unique endorsement requirements of Wyoming schools.

(b)

A school district may apply to the department of education for state reimbursement assistance to supplement district operating funds dedicated to teacher compensation upon a form and in a manner prescribed by the department. The department shall pay reimbursement assistance from this appropriation and shall base grant eligibility for reimbursement assistance on the following criteria documented by the applicant district and certified in writing by the chairman of the district board of trustees:

(i)

Recruitment of teachers certified in math, science and special education instruction;

(ii)

Recruitment of teachers with endorsements in multiple or unique subject areas;

(iii)

Unique recruitment problems faced by Wyoming schools.

(c)

Amounts received by school districts pursuant to this section shall be expended only for enhancing teacher compensation as a component of district recruiting efforts targeting teachers certified in subject areas or representing qualifications as provided in paragraphs (b)(i) through (iii) of this section and shall not be expended to enhance compensation in a manner which would escalate in-state district competition for teachers. Amounts received under this section shall be applied to recruitment of teachers for the 2005-2006 school year and any compensation adjustment paid under this section shall not be included in the special education adjustment to the education resource block grant model under W.S. 21
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13
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321 for corresponding compensation adjustments paid during school year 2005-2006 and reported for reimbursement in the subsequent school year. On or before September 1, 2005, school districts shall report to the department of education actual or budgeted expenditures of assistance distributed under this section in a form and manner specified by the department, clearly specifying salary levels adjusted under this section and impacts of adjustments on teacher recruiting efforts for school year 2005-2006. Upon receipt, the department shall immediately compile district reports and submit the compilation to the management council, joint education interim committee and the joint appropriations interim committee.

(d)

Any unencumbered, unexpended and unobligated amounts appropriated under this section shall revert on June 30, 2006, to the school foundation program account.

(e)

This section shall not be effective if 2005 House Bill 278 is enacted into law.

(f)

This section is effective immediately.

[
LEGISLATIVE SERVICE OFFICE

– INTRANET ENHANCEMENTS]

Section 334.

There is appropriated from the general fund to the
legislative service office

five thousand six hundred dollars ($5,600.00) that shall only be expended for the purpose of purchasing contract programming services in order to enhance the legislative intranet.

[WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION]

Section 335.

There is appropriated from the public school foundation program account to the Western Interstate Commission for Higher Education Certifying Office at the University of Wyoming six hundred thousand dollars ($600,000.00) of federal mineral royalty income received under the provisions of W.S. 9
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4
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601(d)(iii) for the National American Indian, Alaskan and Hawaiian Educational Development Center to improve the education of Native American children. This appropriation shall be effective only if federal matching funds are received.

[FIRE TRAINING STUDY]

Section 336.

(a)

There is appropriated from the general fund thirty-five thousand dollars ($35,000.00) to the department of fire prevention and electrical safety to provide a report to the joint interim corporations, elections and political subdivisions committee by November 1, 2005. The report shall include:

(i)

Identification of fire suppression training needs of all Wyoming firefighters;

(ii)

Alternatives for providing the identified training needs; and

(iii)

Estimated costs of each of the alternatives.

[UNIVERSITY ENERGY INSTITUTE]

Section 337.

(a)

By October 1, 2005, the University of Wyoming shall develop an academic and financial plan for the development and operation of a proposed energy institute. The plan shall be submitted to the governor and a legislative committee designated to receive it by the legislature's management council. The plan shall include:

(i)

The mission of the energy institute and its goals, objective and structure including:

(A)

Its relationship and relevance to energy and natural resource issues facing Wyoming;

(B)

The contributions the institute is likely to make to university research and scholarship and to assisting the state and its people in sustaining and developing the state's economy;

(C)

The impact the institute would have on the university's mission.

(ii)

A summary of the personnel by rank and academic discipline needed to achieve the institute's goals and objectives;

(iii)

An analysis of the level of funding necessary to sustain a meaningful, long term presence in research and scholarship related to energy and natural resources;

(iv)

Identification of other financial resources, especially research grants and contracts, that may reasonably be sought for continuing support of the institute;

(v)

A time schedule for raising matching funds and for implementation of the institute and the plan;

(vi)

The means by which the leadership of the institute will be recruited, including the industrial and academic qualifications of that leadership;

(vii)

A statement of the laboratory and other facility needs for the institute and their estimated cost;

(viii)

In its development, extensive consultation with leaders of Wyoming's renewable and nonrenewable energy industry. The university shall consult with the legislative committee on how and with whom this consultation will occur.

(b)

Business leaders participating in the development of the plan under this section at the request of the university shall be entitled to receive travel and per diem expenses in the manner and amount provided for state employees under W.S. 9
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3
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102 and 9
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3
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103. Five thousand dollars ($5,000.00) is appropriated from the budget reserve account to the university which shall only be used to pay the per diem and travel expenses authorized under this subsection.

[HUNTING SEGMENT OF TOURISM INDUSTRY TASK FORCE]

Section 338.

(a)

There is appropriated from the general fund to the legislative service office sixteen thousand dollars ($16,000.00) to be used for the task force on current issues in the hunting segment of the tourism industry in this state. The task force shall study issues and propose legislation relating to the pricing and availability of nonresident hunting licenses, including the effects of and potential solutions to current license allocation litigation, regulation of and issues of concern to the outfitting industry in this state and preference point systems for allocation of resident hunting licenses.

(b)

The task force shall consist of eleven (11) members as follows:

(i)

Three (3) members of the house of representatives travel, recreation, wildlife and cultural resources committee, appointed by the speaker of the house, with not more than two (2) members from the same political party. One (1) of these members shall be appointed by the speaker to serve as cochairman of the task force;

(ii)

Three (3) members of the senate travel, recreation, wildlife and cultural resources committee, appointed by the president of the senate, with not more than two (2) members from the same political party. One (1) of these members shall be appointed by the president to serve as cochairman of the task force;

(iii)

One (1) member who represents the outfitting industry, appointed by the governor;

(iv)

One (1) member who represents the interests of resident sportsmen, appointed by the governor;

(v)

One (1) member who represents the tourism industry, appointed by the governor;

(vi)

One (1) member who represents agricultural landowner interests, appointed by the governor;

(vii)

One (1) member appointed by the director of the game and fish department.

(c)

State agencies shall provide information and other support to the committee as requested. The legislative service office shall staff the committee. The committee shall meet and shall report to the joint travel, recreation, wildlife and cultural resources interim committee its findings and recommendations for statutory changes not later than October 1, 2005. The report may contain minority reports and opinions. The findings and recommendations shall address:

(i)

Methods of improving pricing and availability of nonresident hunting licenses without reducing resident hunter opportunities;

(ii)

Regulation of and issues of concern to the outfitting industry in this state;

(iii)

The need for and potential structure of a preference point system for allocation of resident hunting licenses; and

(iv)

Issues raised by and potential solutions to problems created by litigation concerning the allocation and pricing of hunting licenses to nonresidents including recommendations for legislative solutions to outcomes from the litigation.

(d)

Legislative members of the task force shall be compensated as provided for attendance at legislative committee meetings. Nonlegislative members of the task force shall be paid per diem and mileage as provided for legislators under W.S. 28
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5
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101.

[TAIL COVERAGE LOAN PROGRAM APPROPRIATION REDUCTION]

Section 339.

Wyoming Session Laws 2004, Special Session, Chapter 5, Section 3 is amended to read:

Section 3.

There is appropriated from the budget reserve account to the
medical malpractice insurance assistance account created by this act,
thirteen million two hundred thousand dollars ($13,200,000.00)
one million five hundred thousand dollars ($1,500,000.00)
to implement this act, including loans for physicians' qualified medical malpractice insurance premiums, loans for risk retention group participation and administrative costs incurred by the department of health in the implementation of the act.

[FRONTIER PRISON]

Section 340.

(a)

There is appropriated from the general fund to the city of Rawlins eighty-five thousand dollars ($85,000.00) and to Carbon County eighty-five thousand dollars ($85,000.00) to be expended through the Old Pen joint powers board on repair and renovation of the Frontier Prison located in Rawlins, Wyoming, as follows:

(i)

One hundred seventeen thousand dollars ($117,000.00) for an irrigation system;

(ii)

Fifty-three thousand dollars ($53,000.00) for plaster repair.

[DISTRIBUTIONS TO LOCAL GOVERNMENTS AND STATE ACCOUNTS]

Section 341.

(a)

There is appropriated from the general fund to the state treasurer's office the following amounts to be distributed on June 30, 2006, as provided in this section:

(i)

Six million one hundred thousand dollars ($6,100,000.00) to the road construction funds of the various counties as provided by W.S. 24
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2
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110 to be distributed in the same proportion as provided by W.S. 39
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14
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801(e)(vii);

(ii)

Fifteen million three hundred twenty-five thousand dollars ($15,325,000.00) to cities and towns, to be distributed as follows:

(A)

Communities with a population of fifty (50) persons or less – ten thousand dollars ($10,000.00) each;

(B)

Communities with a population of fifty-one (51) persons up to one hundred (100) persons – thirty thousand dollars ($30,000.00) each;

(C)

Communities with a population of more than one hundred (100) persons – fifty thousand dollars ($50,000.00) each;

(D)

Any remainder shall be distributed in the same manner as provided by W.S. 39
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14
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801(e)(viii).

(iii)

Eleven million nine hundred seventy-five thousand dollars ($11,975,000.00) to counties, to be distributed as follows:

(A)

Fifteen percent (15%) shall be distributed evenly to each of the twenty-three (23) counties;

(B)

Eighty-five percent (85%) shall be distributed in the same manner as provided by W.S. 39
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14
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801(e)(vi).

(iv)

Four million one hundred thousand dollars ($4,100,000.00) to the highway fund which amount shall only be expended for the construction of multi-lane highways.

[SCHOOL DISTRICT EMPLOYEE RECRUITING AND RETENTION BONUSES]

Section 342.

(a)

Prior to reevaluation of the education resource block grant model during the 2005 interim period preceding the 2006 budget session of the legislature, as required under W.S. 21
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13
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309(t), additional funding is provided under subsection (b) of this section to school districts during school year 2005-2006 for purposes of providing bonus payments to district professional, certified and classified staff to assist districts with the retention and recruitment of employees. The legislature recognizes that the additional funding made available under this section is in excess of the cost-based levels established by the educational resource block grant model under W.S. 21
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13
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309, as adjusted for inflation under W.S. 21
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13
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309(o)(i), and is not intended to reflect or be incorporated into any cost-based component of or adjustment to the model or to impose any condition upon or requirement for model reevaluation under W.S. 21
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13
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309(t).

(b)

Amounts received under this section shall be applied to professional, certified and classified staff as bonus payments to augment district retention and recruiting efforts for school year 2005-2006. The department of education shall determine payments authorized under this section for each district by multiplying two hundred seventy-six dollars and sixty-eight cents ($276.68) by the district's three (3) year average daily membership, with kindergarten student enrollment divided by two (2), as computed through school year 2003-2004. The amount distributed under this subsection is exempt from the Wyoming retirement system rules on cash remuneration and shall include all benefits attributable to the respective district professional, certified or classified staff receiving the bonus payment. Any amount distributed under this section shall not be included in the transportation and special education adjustments to the education resource block grant model under W.S. 21
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13
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320 and 21
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321 for school year 2005-2006 and reported for reimbursement in the subsequent school year.

(c)

Payments to school districts computed under subsection (b) of this section shall be made by the department of education from amounts within the school foundation program account as appropriated by the legislature under subsection (e) of this section and shall be in addition to the school year 2005-2006 foundation program amount computed for each district under W.S. 21
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13
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309(p). If there is an insufficient amount within the foundation program account for payments under this section, the department shall make a pro rata reduction in district payments.

(d)

Payments received by school districts pursuant to this section shall be expended only for retention and recruiting bonuses for district professional, certified and classified employees. Expenditures of payments under this section shall supplement any existing district operating funds dedicated to employee compensation. The intent of the additional payment is to enhance district employee retention and recruiting capabilities, and not to expand the number of district employees. On or before October 15, 2005, each district receiving a payment under this section shall report actual or budgeted payment expenditures to the department of education, in a form and manner specified by the department, clearly reporting in detail the amount awarded to each employee and the purpose for the award. Reports by school districts shall be certified in writing by the district superintendent and the chairman of the district board of trustees. Upon receipt, the department shall immediately compile the district reports and submit the compilation to members of the management council, joint education interim committee and the joint appropriations interim committee.

(e)

For the period commencing July 1, 2005, and ending June 30, 2006, twenty-two million seven hundred thirty-six thousand dollars ($22,736,000.00) is appropriated from amounts within the school foundation program account for purposes of this section.

[REPEALER]

Section 399.

2003 Wyoming Session Laws, Chapter 145 is repealed.

[EFFECTIVE DATE]

Section 400.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution unless otherwise specified.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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