Wyoming fossil preservation program.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0178

HOUSE BILL
NO.
HB0161

Wyoming
fossil preservation program.

Sponsored by:
Representative(s) Davison, Dockstader, Slater,
Thompson,
Zwonitzer, Dn. and Zwonitzer, Dv. and Senator(s) Aullman, Cooper, Geis and Peterson

A BILL

for

AN ACT relating to
Wyoming
fossils; providing a program for grants for acquisition, preservation and display of
Wyoming
fossils; establishing a
Wyoming
fossil presentation trust fund; providing a continuous appropriation; providing additional appropriations; and providing for an effective date.

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

Section 1.

W.S. 36
‑
4
‑
201 and 36
‑
4
‑
202 are created to read:

ARTICLE 2
WYOMING
FOSSIL PRESENTATION PROGRAM

36
‑
4
‑
201.

Wyoming
fossil presentation program trust account created;
Wyoming
fossil presentation program income account created; expenditures.

(a)

A trust account is created to be known as the
Wyoming
fossil presentation program trust account. The trust account shall consist of those funds designated to the account by law and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations including those that are limited in purpose by the grantor. Funds within the trust account shall be invested by the state treasurer as authorized under W.S. 9
‑
4
‑
711 and in a manner to obtain the highest return possible consistent with preservation of the account corpus.

(b)

The state treasurer shall credit annually to a
Wyoming
fossil presentation program trust income account the interest earned from investment of the trust account corpus. The legislature may, from time to time, appropriate funds directly to the income account for distribution in accordance with the terms of this article. Such specially appropriated funds shall be credited directly by the state treasurer to the income account and are available to the commission for award of grants as otherwise permitted by this article.

(c)

Individuals and other entities may also grant, give, transfer, bequest or donate funds to the trust account or the income account. Such funds shall be credited by the state treasurer to either the trust account or the income account, as appropriate, in a manner consistent with the conditions attached to their receipt.

(d)

Funds within the income account are continuously appropriated to the commission. The commission may expend funds from the income account for staffing and other administrative expenses authorized under this article. Additional disbursements from the income account shall be for grants as provided in W.S. 36
‑
4
‑
202.

36
‑
4
‑
202.

Wyoming
fossil presentation program; purpose; creation; administration by commission; rulemaking authority; eligible projects.

(a)

It is the purpose of this article to assist the state and museums throughout the state to acquire, preserve and exhibit legally collected fossil specimens from the state of
Wyoming
.

(b)

The
Wyoming
parks and cultural resources commission, in consultation with the state archeologist, shall administer a
Wyoming
fossil presentation program as provided by this article.

(c)

Any qualifying museum within the state, owned by the state or owned by a city, town, county, joint powers board or other local government entity, may submit an application to the commission for a grant under this program on forms prescribed by and subject to rules promulgated by the commission.

(d)

Grants may be awarded by the commission for purchase, preservation or exhibition of
Wyoming
fossil specimens as follows:

(i)

Fossil specimens purchased with grant funds shall be legally collected from private and state lands in
Wyoming
;

(ii)

Grants may be requested for purchase of fossil specimens of any value, but no more than seventy-five percent (75%) of the funds available in the income account in any one (1) year shall be granted for the purchase of a single specimen;

(iii)

Casts of fossil specimens may be purchased with grant funds only if the original specimen is no longer available on the open market;

(iv)

Grant funds shall not be used to purchase fossil specimens from museum employees or their families, or specimens originating on lands owned by museum employees or their families;

(v)

The commission shall, by rule and regulation, devise a method of ranking grant requests, which gives priority to the purchase of fossil specimens before granting funds for curation and exhibition;

(vi)

Grants shall only be awarded for purchase of fossil specimens that have accurate information regarding locality, stratigraphy, restoration history and preparation techniques;

(vii)

Grants awarded for purchase of fossil specimens may also include the cost of mounting;

(viii)

Grant applications shall be submitted with an exhibit plan that clearly states how fossils were part of the museum's exhibition plan prior to July 1, 2007.

Section 2.

W.S. 36
‑
4
‑
101(j), 36
‑
4
‑
104 by creating a new subsection (g) and 36
‑
4
‑
106(d) by creating a new paragraph (viii) are amended to read:

36
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4
‑
101.

Commission established; composition; appointment and terms of members; removal; representation from appointment districts; vacancies; meetings; president.

(j)

As used in W.S. 36
‑
4
‑
101 through
36
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4
‑
119
36
‑
4
‑
202
, "this act" means W.S. 36
‑
4
‑
101 through
36
‑
4
‑
119
36
‑
4
‑
202
.

36
‑
4
‑
104.

Powers; interpretive service agreements.

(g)

The commission, in consultation with the state archeologist, shall administer the
Wyoming
fossil presentation program as provided in W.S. 36
‑
4
‑
201 and 36
‑
4
‑
202.

36
‑
4
‑
106.

Plan for acquisition and development of resources; authority of department; coordination of activities; agreements with
United States
; state archaeologist.

(d)

There shall be appointed within the department of state parks and cultural resources a state archaeologist, who shall be a member of the department of anthropology of the
University
of
Wyoming
. The state archaeologist shall receive an annual salary to be determined by the
Wyoming
human resources division, which shall be in addition to any compensation received from the university. The state archaeologist may:

(viii)

Consult with the commission on awarding of grants under the
Wyoming
fossil presentation program pursuant to W.S. 36
‑
4
‑
201 and 36
‑
4
‑
202.

Section 3.

(a)

There is appropriated five million dollars ($5,000,000.00) from the budget reserve account to the
Wyoming
fossil presentation program trust account.

(b)

There is appropriated five million dollars ($5,000,000.00) from the budget reserve account to the
Wyoming
fossil presentation program income account for purposes of providing grants under W.S. 36
‑
4
‑
202 in fiscal years 200
8
and 200
9
.

Section 4.

This act is effective July 1, 2007.

(END)

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HB0161