General government appropriations.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0001

ENROLLED ACT NO. 46, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT to make appropriations for the biennium commencing July 1, 2010, and ending June 30, 2012; providing definitions; providing for appropriations and transfers of funds during that biennium and for the remainder of the current biennium as specified; providing for funding for carryover of certain funds beyond the biennium as specified; conforming specified statutory provisions during the term of the budget period as related to these appropriations; providing for employee positions as specified;
providing for fees, conditions and other requirements relating to appropriations; providing for position and other budgetary limitations; providing for task forces and committees;
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)

"AR" means American Recovery and Reinvestment Act funds;

(f)

"A4" means agency trust account;

(g)

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

(h)

"FF" means federal funds;

(j)

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

(k)

"PF" means the retirement account created by W.S. 9
‑
3
‑
407(a);

(
m
)

"PR" means private funding sources;

(n
)

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

(o
)

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

(p
)

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

(q
)

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

(r
)

"S3" means the budget reserve account;

(s
)

"S4" means the local government capital construction account funded by W.S. 9
‑
4
‑
601(a)(vi) and (b)(i) and 39
‑
14
‑
801(e)(ix);

(t
)

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

(u
)

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

(w
)

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

(y
)

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

(z
)

"SO" means other funds identified by footnote;

(aa
)

"T1" means the omnibus permanent land fund;

(bb
)

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

(cc
)

"T3" means the state hospital permanent land fund;

(dd
)

"T4" means the training school permanent land fund;

(ee
)

"T6" means the university permanent land income fund;

(ff
)

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

(gg
)

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

(hh
)

"TT" means the tobacco settlement trust income account.

Section 2.

The following sums of money, or so much thereof as necessary, are appropriated to be expended during the two (2) years beginning July 1, 2010 and ending June 30, 2012, or as otherwise specified, for the purposes, programs and number of employees specified by this act and the approved budget of each agency.

1

ORIGINAL HOUSE

BILL

NO.
0001

ENROLLED ACT NO. 46, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

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

Section 001. OFFICE OF THE GOVERNOR

PROGRAM

Administration

1.,2.

7,302,690

7,302,690

Tribal Liaison

400,000

400,000

Commission
o
n Uniform Laws

67,286

67,286

Special Contingent

3.

315
,000

315
,000

Clean Coal Technology

4.

100,000

100,000

Homeland Security

3,116,102

29,112,580

619,310

SR

32,847,992

Natural Resource Policy Account

500,000

500,000

Endangered Species Administration

1,846,210

1,846,210

TOTALS

1
3
,
647
,288

29,112,580

619,310

4
3
,
379
,178

AUTHORIZED EMPLOYEES

Full Time

48

Part Time

1

TOTAL

49

1.

Of this general fund appropriation,

forty thousand dollars ($40,000.00) shall only be expended for purposes of defraying moving expenses for gubernatorial appointees who are required to move to
Cheyenne
. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account. 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.

2.

Of this general fund appropriation, sixty thousand dollars ($60,000.00) shall only be expended if there is a change of governor as a result of the 2010 general election and then only for transition staff salaries, travel and other related office expenses.
Not more than ten thousand dollars ($10,000.00) of this sixty thousand dollars ($60,000.00) may be expended for expenses incurred in relocating from the governor's mansion.
These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account.

3.

This appropriation shall only be used for addressing costs incurred to render essential state services in cases of natural disaster.

4.

Of this general fund appropriation, and any funds

reappro
priated under

section 32
1
of this act,

one hundred thousand dollars ($100,000.00) shall only be expended for the purposes of continuing the work of the clean coal research task force created by W.S. 21
‑
17
‑
121.

Section 002. SECRETARY OF STATE

PROGRAM

Administration

1.
,2.

6,1
5
9,008

73,866

SR

6,2
3
2,874

Securities Enforcement

555,639

SR

555,639

Bucking Horse & Rider

200,200

AG

200,200

TOTALS

6,1
5
9,008

0

829,705

6,9
8
8,713

AUTHORIZED EMPLOYEES

Full Time

30

Part Time

0

TOTAL

30

1.

Of this general fund appropriation,

twenty-five thousand dollars ($25,000.00) shall only be expended if there is a change of secretary of state as a result of the 2010 general election and then only for transition staff salaries, travel and other related office expenses. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account.

2. Of this general fund appropriation, not to exceed ten thousand dollars ($10,000.00) shall be used for printing copies of the
Wyoming
constitution for free distribution to the citizens of this state.

Section 003. STATE AUDITOR

PROGRAM

Administration

1.

17,733,735

17,733,735

GF License Revenue Recoupment

1,700,000

1,700,000

TOTALS

19
,
4
33,735

0

0

19
,
4
33,735

AUTHORIZED EMPLOYEES

Full Time

26

Part Time

0

TOTAL

26

1.

Of this general fund appropriation,

twenty-five thousand dollars ($25,000.00) shall only be expended if there is a change of state auditor as a result of the 2010 general election and then only for transition staff salaries, travel and other related office expenses. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account.

Section 004. STATE TREASURER

PROGRAM

Treasurer's Operations

1.

4,138,743

4,138,743

Veterans
'
Tax Exemption

2.

10,535,000

10,535,000

Manager Payments

44,260,996

AG

264,864

SR

44,525,860

Unclaimed Property

1,470,875

AG

1,470,875

Indian Motor Vehicle Exemption

3.

615,700

615,700

TOTALS

15,289,443

0

45,996,735

61,286,178

AUTHORIZED EMPLOYEES

Full Time

26

Part Time

0

TOTAL

26

1.

Of this general fund appropriation,

twenty-five thousand dollars ($25,000.00) shall only be expended if there is a change of state treasurer as a result of the 2010 general election and then only for transition staff salaries, travel and other related office expenses. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account.

2.

Of this general fund appropriation, one million three hundred thousand dollars ($1,300,000.00) is effective immediately.

3.

Of this general fund appropriation, seventy-five thousand dollars ($75,000.00) is effective immediately.

Section 005. DEPARTMENT OF EDUCATION

PROGRAM

Education Trust Fund

600,000

AG

600,000

Douvas Scholarship

1,000

T0

1,000

Workshops & Conferences Fund

80,500

EF

80,500

Montgomery
Trust For The Blind

419,157

T0

419,157

WDE - General Fund Programs

1.,2.

18,585,942

7,466,259

S5

26,052,201

WDE - Federal Fund Programs

251,515,646

2,436,043

EF

253,951,689

TOTALS

18,585,942

251,515,646

11,002,959

281,104,547

AUTHORIZED EMPLOYEES

Full Time

125

Part Time

6

TOTAL

131

1.

Of this general fund appropriation,

twenty-five thousand dollars ($25,000.00) shall only be expended if there is a change of state superintendent as a result of the 2010 general election and then only for transition staff salaries, travel and other related office expenses. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account.

2.

Of the school foundation program account appropriation,
two hundred seventy thousand dollars ($270,000.00)
shall only

be expended during the period commencing July 1, 2010, and ending June 30, 2012, to continue the study on the long term effects of the Hathaway student scholarship program on students in Wyoming high schools, as initiated under 2008 Wyoming
S
ession
L
aws,
C
hapter 95,
S
ection 901.
Not more than one-half (1/2) of these funds shall be expended in each year of the biennium.

Section 006. ADMINISTRATION AND INFORMATION

PROGRAM

Director's Office

1.

2,486,526

2,486,526

Professional Licensing Boards

1,537,807

SR

1,537,807

Budget Division

2,094,650

2,094,650

General Services

2.

33,697,763

15,969,698

IS

889,860

SR

50,557,321

Construction Management Division

25,620,897

25,620,897

Human Resources Division

6,650,667

465
,
437

IS

7,
116
,
104

Employees Group Insurance

390
,
162
,
458

IS

8
,
000
,
000

T7

398,162,458

Information Technology

203,402

56,845,377

IS

57,048,779

Economic Analysis

1,279,007

1,279,007

State Library

5,126,815

1,141,116

4,053,364

AG

10,321,295

CIO

3.

7,
304
,
041

7,
304
,
0
41

TOTALS

84,
463
,
7
68

1,141,116

47
7
,
924
,
001

563,
528
,
885

AUTHORIZED EMPLOYEES

Full Time

368

Part Time

3

TOTAL

371

1.

Of this general fund appropriation,

fifty thousand dollars ($50,000.00) shall only be expended for purposes of defraying moving expenses for agency director
s
, division administrators and program managers who are required to move to
Cheyenne
. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert to the budget reserve account. Not more than five thousand dollars ($5,000.00) shall be expended for any one (1) employee. Any funds expended for this purpose shall be reimbursed to the state by the employee if the employee is employed by the state for less than twelve (12) months. No funds shall be expended pursuant to this footnote unless approved by the governor.

2.

The department shall undertake a study of the feasibility of converting state agency and school district motor vehicles to natural gas fueled vehicles.

The department shall report study results to the governor and the
joint appropriations interim committee
by November 1, 2010.

The study shall review:

a.

The options of retrofitting existing vehicles and of purchasing natural gas fueled vehicles as existing vehicles are replaced;
b.

The differential in initial purchase costs and ongoing maintenance and fuel costs;
c.

The feasibility of using natural gas vehicles
at
exi
sting fuel sites and costs for modifications required to make such use feasible
.

3.

T
he chief information officer shall continue work toward completion and implementation of the
Wyoming
public finance website authorized under W.S. 9
‑
2
‑
1035 through 9
‑
2
‑
1037.
Section 007. WYOMING MILITARY DEPARTMENT

PROGRAM

Military Dept. Operations

13,867,648

13,867,648

Air National Guard

1,087,600

9,321,035

10,408,635

Camp

Guernsey

548,383

AG

548,383

Army National Guard

21,544,877

1,050,306

S5

22,595,183

Veterans
'
Services

1,701,418

160,623

1,862,041

Oregon Trail

Vets

Cemetery

481,536

20,000

SR

501,536

Military Support
t
o Civilian Auth
.

178,500

178,500

Civil Air Patrol

213,459

213,459

TOTALS

17,530,161

31,026,535

1,618,689

50,175,385

AUTHORIZED EMPLOYEES

Full Time

217

Part Time

50

TOTAL

267

Section 008. OFFICE OF THE PUBLIC DEFENDER

PROGRAM

Public Defenders Statewide

17,009,919

3,079,201

SR

20,089,120

Guardian Ad Litem

3,695,605

933,217

SR

4,628,822

TOTALS

20,705,524

0

4,012,418

24,717,942

AUTHORIZED EMPLOYEES

Full Time

70

Part Time

19

TOTAL

89

Section 010. DEPARTMENT OF AGRICULTURE

PROGRAM

Administration Division

3,152,338

5,000

SR

3,157,338

Ag Education
a
nd Information

20,000

IS

20,000

Consumer Protection Division

11,983,399

1,048,369

351,396

AG

742,987

SR

14,126,151

Natural Resources Division

1.

5,016,960

76,250

675,000

S1

5,768,210

Pesticide Registration

1,187,500

1,187,500

State Fair

2,823,825

182,075

AG

503,086

SR

3,508,986

Weed & Pest Control

700,000

SR

700,000

Predator Management

5,122,730

5,122,730

Wyoming Beef Council

2,181,159

AG

7,000

SR

2,188,159

Wyo Wheat Mktg Comm

120,500

SR

120,500

Leaf Cutter Bee

12,904

SR

12,904

TOTALS

29,286,752

1,124,619

5,501,107

35,912,478

AUTHORIZED EMPLOYEES

Full Time

86

Part Time

9

TOTAL

95

1.

The division shall evaluate utilization of the funding designated for the emergency insect management program for grasshopper abatement efforts.

Section 011. DEPARTMENT OF REVENUE

PROGRAM

Administration

4,964,441

4,964,441

Revenue Division

8,024,535

750,425

SR

8,774,960

Valuation Division

6,779,810

6,779,810

Liquor Division

6,666,022

EF

6,666,022

Liquor Sales & Purchases

175,000,000

EF

175,000,000

General Fund Transfers

25,000,000

EF

25,000,000

TOTALS

19,768,786

0

207,416,447

227,185,233

AUTHORIZED EMPLOYEES

Full Time

132

Part Time

0

TOTAL

132

Section 014. MINERS
'
HOSPITAL BOARD

PROGRAM

Miners' Hospital Board

5,932,123

SR

5,932,123

TOTALS

0

0

5,932,123

5,932,123

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 015. ATTORNEY GENERAL

PROGRAM

Law Office

1.

19,421,370

869,514

2,245,490

S5

137,411

SR

1,219,083

TT

23,892,868

Criminal Investigations

2
.

27,871,282

4,109,080

763,605

SR

32,743,967

Big Horn Water Litigation

501,970

S1

501,970

Law

Enforcement

Academy

5,68
1
,
667

744,119

EF

3
9
,
130

SR

6,464,916

Peace Off Stds & Trng

428,634

38,400

SR

467,034

Medical Review Panel

1,077,444

1,077,444

Victim Services Division

3
.

9,06
6
,
397

6,380,315

3,78
0
,
000

SR

19,226,712

Planning Council on Dev Disabilities

653,088

1,046,687

1,699,775

TOTALS

64,199,882

12,405,596

9,469,208

86,074,686

AUTHORIZED EMPLOYEES

Full Time

247

Part Time

6

TOTAL

253

1
.

Of this other funds appropriation, eighty-nine thousand nine hundred seventy-one dollars ($89,971.00) TT is effective immediately.

2
.

Of this other funds appropriation, one hundred fifty thousand dollars ($150,000.00) SR is effective immediately.

3
.

As necessary to conform with federal requirements, victim assistance
providers shall not be required to submit annual unduplicated counts of the number of victims served in order to qualify for funding under W.S. 1
‑
40
‑
118 for the 2011-2012 fiscal biennium.

Providers receiving funding under W.S. 1
‑
40
‑
118 shall be required to report the number of victims served on an unduplicated program level. In providing the
report
of
an annual unduplicated count of the number of victims served by community based services and providers for the 2011-2012 fiscal biennium
as required by W.S.
9
‑
1
‑
638(a)(v)
, the division shall report unduplicated counts of victims or services as data may be made available in accordance with this footnote
.

Section 020. DEPT. OF ENVIRONMENTAL QUALITY

PROGRAM

Administration

5,339,790

5,339,790

Air Quality

4,437,703

1,441,179

11,631,780

SR

17,510,662

Water Quality

1.

13,412,670

9,666,610

1,100,000

SR

24,179,280

Land Quality

5,164,238

4,482,222

9,646,460

Industrial Siting

539,431

539,431

Solid Waste Management

6,220,152

2,269,828

3,550,057

SR

12,040,037

TOTALS

35,113,984

17,859,839

16,281,837

69,255,660

AUTHORIZED EMPLOYEES

Full Time

267

Part Time

0

TOTAL

267

1.

The department of environmental quality shall reallocate resources within the water quality division sufficient to begin promulgation of a pesticide general permit under its national pollutant discharge elimination system (NPDES) authority, to begin promulgation of a 'permit by rule' to accomplish the same ends or to create a means whereby pesticide applications may continue without a permit in Wyoming.

Section 021. DEPARTMENT OF AUDIT

PROGRAM

Administration

1,485,392

502,478

1,987,870

Banking

238,350

AG

4,350,897

SR

4,589,247

Public Fund

5,880,343

5,880,343

Mineral

3,363,759

4,553,721

220,000

SR

8,137,480

Excise

4,065,932

4,065,932

TOTALS

14,795,426

5,056,199

4,809,247

24,660,872

AUTHORIZED EMPLOYEES

Full Time

118

Part Time

0

TOTAL

118

Section 023. PUBLIC SERVICE COMMISSION

PROGRAM

Administration

334,000

6,526,064

SR

6,860,064

Consumer Advocate Division

1,823,965

SR

1,823,965

Universal Service Fund

50,000

AG

7,019,814

SR

7,069,814

TOTALS

0

334,000

15,419,843

15,753,843

AUTHORIZED EMPLOYEES

Full Time

36

Part Time

0

TOTAL

36

Section 024. STATE PARKS
&
CULTURAL RESOURCES

PROGRAM

Administration & Support

3,906,163

3,906,163

Cultural Resources

1.

12,001,437

2,476,096

70,000

EF

2,386,386

IS

261,559

SR

17,195,478

St Parks & Hist. Sites

17,517,378

3,882,947

30,000

EF

6,075,355

SR

27,505,680

TOTALS

33,424,978

6,359,043

8,823,300

48,607,321

AUTHORIZED EMPLOYEES

Full Time

177

Part Time

91

TOTAL

268

1.

Of this general fund appropriation, one million nine hundred thousand dollars ($1,900,000.00) shall be deposited into the
Wyoming
cultural trust fund created by W.S. 9
‑
2
‑
2304(a). This appropriation shall be considered one-time funding and shall not be included in the department's 2013-2014 standard budget request.

Section 025. DEPARTMENT OF EMPLOYMENT

PROGRAM

Administration
a
nd Support

1,777,724

1,777,724

Division of Labor Standards

2,018,108

140,500

2,158,608

Workers' Safety & Compensation

1.

2,909,542

49,906,117

EF

52,815,659

Unemp. Tax & Insurance & Statistics

17,
486
,
819

1,227,442

EF

6,
806
,
130

SR

25,520,391

Mining Exams

50,000

SR

50,000

State Inspector
o
f Mines

2,103,733

EF

2,103,733

Unemp. Insurance Revenue

545,048

AG

112,000

SR

657,048

TOTALS

3,795,832

20,
536
,
861

60,
750
,
470

85,083,163

AUTHORIZED EMPLOYEES

Full Time

320

Part Time

0

TOTAL

320

1.

From this other fund appropriation, the department is authorized to conduct a trial, within the workers' compensation program, on alternate managerial approaches including administrative changes and provider incentives for treating back and spine injuries. The objectives of the trial shall be, in order of importance, to improve outcomes for injured workers and to reduce costs. The department shall determine the results of the trial based on those objectives and any other objectives deemed important by the department. The department shall obtain the services of one (1) or more organizations to conduct the alternate approaches in the trial through a competitive request for proposals. The department may, if appropriate, contract with one (1) or more academic or other independent organizations to assist in developing the request for proposals, analyzing results and, if necessary, to collect data from the conventional management control group. Participation by injured workers in any portion of the trial shall be voluntary, but data on the treatment and outcomes of those workers declining to participate in the trial may be included in a conventional management control group. Prior to the 2012 legislative session, the department shall report to the joint labor, health and social services interim committee on the outcome to date of the trial and any recommendations for further legislative action.

Section 026. DEPARTMENT OF WORKFORCE SERVICES

PROGRAM

Administration

1.

17,309,939

22,030,706

2,299,479

AG

3,172,172

SR

44,812,296

Vocational Rehabilitation

4,748,723

27,084,199

135,391

AG

264,935

EF

1,523,095

SR

33,756,343

TOTALS

22,058,662

49,114,905

7,395,072

78,568,639

AUTHORIZED EMPLOYEES

Full Time

269

Part Time

0

TOTAL

269

1.

Notwithstanding W.S. 9
‑
1
‑
223, the department of workforce services shall administer and carry out the duties of the Serve

Wyoming program for
the
period beginning July 1, 2010 and ending June 30, 2012.

Of this general fund appropriation, one hundred forty-two thousand five hundred dollars ($142,500.00) shall only be used by the department to administer and carry out the duties of the Serve

Wyoming program.

Section 027. SCHOOL FACILITIES COMMISSION

PROGRAM

Operations

6,271,601

S6

6,271,601

Major Maintenance

1.

82,000,000

S6

82,000,000

TOTALS

0

0

88,271,601

88,271,601

AUTHORIZED EMPLOYEES

Full Time

16

Part Time

0

TOTAL

16

1.

(a)

If 2010 Senate File 0046 is not enacted into law, the school facilities commission shall:
(i)

From the school capital construction account appropriation, distribute up to one hundred seventy-three thousand nineteen dollars ($173,019.00) each fiscal year of the 2011-2012 biennium to each school district with a charter school operating in the district which qualifies for lease payments under W.S. 21
‑
3
‑
110(a)(x)(A).

Lease payments under this footnote shall include the total costs of the base rent, additional rent for tenant improvements and common area maintenance costs;
(ii)

In addition to paragraph (i) of this footnote and notwithstanding W.S. 21
‑
3
‑
110(a)(x), the commission shall for each fiscal year of the 2011-2012 biennium, expend an amount necessary to include the total allowable square footage of each charter school qualifying under W.S. 21
‑
3
‑
110(a)(x)(A) in the computation of the major maintenance payment under W.S. 21
‑
15
‑
109, to each district in which a qualifying charter school is operating.

The amounts expended under this paragraph shall be reduced to the extent the amounts are duplicative of common area maintenance costs included in the lease payments under paragraph (i) of this footnote;
(iii)

For each school district with a charter school operating in the district which qualifies for lease payments under W.S. 21
‑
3
‑
110(a)(x)(A), and for which that lease is subject to renewal within the next five (5) years, assist that district as necessary to plan and provide the most cost effective method for meeting the facility needs of that charter school.

Section 029.
WYO
WATER DEVELOPMENT OFFICE

PROGRAM

Administration

8,104,561

S1

8,104,561

TOTALS

0

0

8,104,561

8,104,561

AUTHORIZED EMPLOYEES

Full Time

26

Part Time

0

TOTAL

26

Section 037. STATE ENGINEER

PROGRAM

Administration

1,533,399

1,533,399

Ground Water Division

4,316,918

4,316,918

Surface Water & Engineering
Div.

3,215,344

3,215,344

Board Of Control Division

13,128,271

13,128,271

Support Services Division

3,302,530

3,302,530

Board Of Registration

814,301

SR

814,301

Interstate Streams Division

2,203,229

88,690

S1

2,291,919

Special Projects

12,730

SR

12,730

North Platte Settlement

1,410,088

1,410,088

Well Drillers' Certification Board

126,676

SR

126,676

TOTALS

29,109,779

0

1,042,397

30,152,176

AUTHORIZED EMPLOYEES

Full Time

135

Part Time

11

TOTAL

146

Section 039. WILDLIFE/NATURAL RES TRUST

PROGRAM

Administration

548,854

548,854

Wildlife/Natural Resource Trust Proj

1.

6,000,000

5,152,500

T0

11,152,500

Wildlife Trust Account

2.

2,500,000

2,500,000

TOTALS

9,048,854

0

5,152,500

14,201,354

AUTHORIZED EMPLOYEES

Full Time

1

Part Time

0

TOTAL

1

1.

The agency's 2013-2014 standard budget request shall contain no
general
funds.

2.

This general fund appropriation shall be deposited into the
Wyoming
wildlife and natural resource trust account created by W.S. 9
‑
15
‑
103(a).

Section 040. GAME AND FISH COMMISSION

PROGRAM

Vet Svcs Program (Brucellosis, CWD)

3,411,327

3,411,327

Sage Grouse Planning & Protection

1,807,646

1,807,646

Wolf Management

777,769

777,769

Comprehensive Wildlife Mgmt. Strategies

1,323,251

1,323,251

TOTALS

7,319,993

0

0

7,319,993

AUTHORIZED EMPLOYEES

Full Time

23

Part Time

0

TOTAL

23

Section 041. FIRE PREVENTION & ELECTRICAL SAF
ETY

PROGRAM

Administration

1,067,359

1,067,359

Fire Prevention Administration

1,794,051

1,794,051

Electrical Safety Administration

1,909,755

620,423

SR

2,530,178

Training

1,350,705

1,350,705

Fire

Academy

673,043

673,043

TOTALS

6,794,913

0

620,423

7,415,336

AUTHORIZED EMPLOYEES

Full Time

36

Part Time

0

TOTAL

36

Section 042. GEOLOGICAL SURVEY

PROGRAM

Geologic Program

5,167,380

5,167,380

TOTALS

5,167,380

0

0

5,167,380

AUTHORIZED EMPLOYEES

Full Time

27

Part Time

0

TOTAL

27

Section 044. INSURANCE DEPARTMENT

PROGRAM

Administration

5,502,852

SR

5,502,852

Agent Licensing Board

15,918

SR

15,918

Health Insurance Pool

6,000,000

367,541

AG

2
2
,
994
,
736

EF

29,362,277

WY
Small Employer Health Reinsurance

427,837

AG

23
,
855
,
738

EF

24,283,575

TOTALS

6,000,000

0

53,164,622

59,164,622

AUTHORIZED EMPLOYEES

Full Time

27

Part Time

0

TOTAL

27

Section 045. DEPARTMENT OF TRANSPORTATION
2.

PROGRAM

Administration

3.

3,806,193

S7

24,613

SR

3,830,806

Administrative Services

168,150

33,240,985

S7

1,836,000

SR

35,245,135

Law Enforcement

2,652,321

75,682,368

S7

60,000

SR

78,394,689

Wyolink

2,545,000

1,301,624

IS

3,846,624

Aeronautics Administration

310,300

3,907,617

S7

4,217,917

Operational Services

2,405,010

IS

2,405,010

Airport Improvements

13,503,711

37,402,188

8,720,860

S7

59,626,759

GF Appropriation to Commission

1.

50,000,000

50,000,000

TOTALS

66,048,711

40,532,959

130,985,270

237,566,940

AUTHORIZED EMPLOYEES

Full Time

567

Part Time

0

TOTAL

567

1.

Of this general fund appropriation,

one hundred thousand dollars ($100,000.00) shall supplement and not supplant

any other sources of funds utilized by the department for

the living snow

fence program.

2.

Of the full-time permanent positions within the transportation commission shown to be vacant for over twenty-four (24) months in the document dated January 20, 2010, entitled "Agency Vacancy Report" and compiled by the department of administration and information and on file with the legislative service office, twenty-two (22) of the positions, as determined by the commission, shall not be filled by the commission and are hereby eliminated. This footnote is effective immediately.

3.

On or before October 1, 2010 the department of transportation shall provide a report to the transportation, highways and military affairs interim committee describing in detail the department's 2011 fiscal year budgeted income and expenditures from the highway fund, as approved by the transportation commission under W.S. 24
‑
1
‑
119, and all other income and expenditures authorized pursuant to appropriations under this act.
Section 048. DEPARTMENT OF HEALTH

PROGRAM

Director's Office

19,763,852

4,528,423

24,
292
,
275

Rural
& Frontier
Health

1.

3,903,736

9,550,219

10,000

SR

1,235,000

TT

14,698,955

Community & Family Health

14.

26,907,533

24,006,021

5,513,664

A4

12,357,193

SR

27
,
500

TT

68,
811
,
9
11

Health Care Financing

2.,3.,4.,5.
,13.

43
8
,
171
,384

517,277,545

29,328,793

AR

10,370,991

SR

500,000

TT

99
5
,
648
,713

State Health Officer

1,599,113

13,925,805

152,400

SR

250,000

TT

15,927,318

Preventive Health & Safety

6.

6,508,334

10,977,622

2,500

AG

2,
216
,
029

SR

3,
150
,
540

TT

22,
855
,
025

Mental Health/Substance Abuse

7.,8.,9.
,12.

182,
863
,
573

16,392,160

2,800,832

SR

1,376,946

T3

24,691,092

TT

22
8
,
124
,603

Developmental Disabilities

122,
850
,
281

5,324,672

105,000

AG

4,477,517

SR

324,600

T3

938,000

T4

134,020,070

Division
o
n Aging

10.,11.

33,
574
,
352

13,344,716

248,500

AG

6
,
974
,
955

SR

54,
142
,
523

TOTALS

83
6
,
142
,
158

615,327,183

10
7
,
052
,
052

1,55
8
,
521
,
393

AUTHORIZED EMPLOYEES

Full Time

1,44
3

Part Time

77

TOTAL

1,52
0

1.

All contractual services agreements entered into by the division of rural and frontier health concerning the implementation of the telehealth program shall require prior approval by the
g
overnor.

2.

F
ive hundred thousand dollars ($500,000.00)

o
f this general fund appropriation
and the associated federal funds
shall only be
expended
to reduce developmentally disabled children and developmentally disabled adult waiver waiting lists.

3.

Funds appropriated for health care financing administration of developmental disabilities, health care financing of developmental disabilities adult waiver services, health care financing of developmentally delayed children's waiver and health care financing of acquired brain injury waiver services shall not be transferred to any other agency, division or program.

4.

Of these funds
,

five
million
six
hundred thousand dollars ($
5
,
6
00,000.00) in general funds and the associated federal funds shall only be expended in the 600 series to increase service rates of home and community based waiver providers administered by the development disabilities division.

5.

For reimbursement rates for nursing facility services, no cost of living adjustment nor other increase in rates not authorized by statute shall be provided in the 2011-2012 fiscal biennium without specific legislative action approving the increase.

6.

The public health laboratory is authorized to charge fees for testing services provided other state agencies, local law enforcement entities and other individuals or organizations.

Notwithstanding W.S. 9
‑
4
‑
204(t)(i)(A) the department is authorized to deposit all fees received pursuant to this footnote into a special revenue account and shall not charge fees until the department has promulgated rules and regulations establishing a fee schedule. No monies deposited into this account shall be expended until appropriated by the legislature.

7.

Of this appropriation of tobacco trust funds, five hundred thousand dollars ($500,000.00) shall only be expended on crisis stabilization and acute care services at the Cheyenne
R
egional
M
edical
C
enter in the fiscal year commencing July 1, 2011, and only if reporting deficiencies at the facility are addressed in a manner satisfactory to the department of health.

8.

Of this general fund appropriation, eight hundred fifty thousand dollars ($850,000.00) shall only be expended on crisis stabilization and acute care services for four (4) beds at the
Washakie

Medical

Center
in Worland.

9.

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 account from July 1, 2010 through June 30, 2012. 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, 2010 and ending June 30, 2012 and deposited within the special revenue account 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 not later than November 1 of each year detailing expenditures under this footnote.

10.

Of this general fund appropriation, four hundred thousand dollars ($400,000.00) shall only be distributed through the funding distribution model
developed in the agency's 2009 supplement
al
budget
to senior centers to provide compensation increases for direct care personnel.

These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert pursuant to law.

11.

Notwithstanding W.S. 9
‑
4
‑
303(a), for the period beginning July 1, 2010 and ending June 30,

2012, 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 the special revenue fund. The funds collected shall only be used to fund the operation of the retirement center.

12.

Of this general fund appropriation, six hundred eighty-five thousand dollars ($685,000.00) shall only be expended for a pilot project for the delivery of telehealth, using contract services. A preference shall be given for instate providers of software and hardware and final approval of this pilot project shall be with the state chief information officer. This footnote is effective immediately.

1
3
.

Of this general fund appropriation, the governor may expend funds as necessary to reimburse services authorized under the Medicaid program involving pediatric care and transport costs including, without limitation, emergency and critical care services not otherwise available from in-state providers. This footnote is effective immediately.

1
4
.

(a)

Of this TT other funds appropriation, twenty-seven thousand five hundred dollars ($27,500.00) shall only be used by the department to contract for or provide support network services for persons with epilepsy. The support network services for persons with epilepsy shall:
(i)

Provide professional education on epilepsy for nurses, physicians, public schools, public school nurses and the general public;
(ii)

Provide for support groups focused on epilepsy;
(iii)

Increase awareness of epilepsy in
Wyoming
;
(iv)

Provide educational programs for persons with epilepsy; and
(v)

Provide better access to care for persons with epilepsy within
Wyoming
.

Section 049. DEPARTMENT OF FAMILY SERVICES

PROGRAM

Services

2.

116,065,161

24,052,250

302,651

AG

697,362

AR

2,447,838

SR

5,668,252

TT

149,233,514

Assistance

1.
,3.

50,475,119

76,065,808

1,533,718

AR

1,891,699

SR

129,966,344

TOTALS

166,540,280

100,118,058

12,541,520

279,199,858

AUTHORIZED EMPLOYEES

Full Time

776

Part Time

32

TOTAL

808

1.

(a)

In accordance with W.S. 42
‑
2
‑
103(d), the state supplemental security income monthly payment for the period beginning July 1, 2010 and ending June 30, 2012 shall be as follows:
(i)

$25.00 for an individual living in own household;
(ii)

$27.80 for each member of a couple living in their own household;
(iii)

$28.72 for an individual living in the household of another;
(iv)

$30.57 for each member of a couple living in the household of another.

2.

(a)

Through June 30, 2012, the department shall limit the number of residential treatment facilities certified as child caring facilities under W.S. 14
‑
4
‑
101 and the overall capacity of those residential treatment facilities to the level of such facilities and beds that were certified as of January 1, 2010.
(b)

The department shall conduct a study of child caring facilities, as defined by W.S. 14
‑
4
‑
101(a)(vi) and the department's administrative rules for substitute care facilities, in partnership with the department of health, the department of education and youth care providers. The resulting report shall be submitted to the joint judiciary interim committee and the joint appropriations committee by July 1, 2011. The study shall include:
(i)

The historical utilization rates, regional trends and existing capacity for children served in all types of residential facilities including, but not limited to, crisis beds, group homes and residential treatment facilities;
(ii)

An analysis of the historical usage and costs of utilizing out-of-state providers for the provision of residential services;
(iii)

Documented reasons for using out-of-state providers as opposed to in-state providers and the decision-making process and factors leading to a determination of where a child is placed, including a sampling of the reasons listed in judicial reports provided the information does not reveal any confidential information;
(iv)

Recommendations, if any, of statutory or procedural changes that would encourage more
Wyoming
children to remain in the state to receive the services and interventions they need;
(v)

The levels of care necessary to serve children, the projected need for the services and the availability of the level of care; and
(vi)

Community based alternatives to residential care such as prevention, early intervention and independent living as alternatives or supports to residential care.
(c)

This footnote is effective immediately.

3.

Of this federal fund appropriation, two hundred seventy-four thousand dollars ($274,000.00) shall only be expended for the father factor program during the fiscal period beginning July 1, 2010 and ending June 30, 2012.
Section 051. LIVESTOCK BOARD

PROGRAM

Administration

1,816,693

16,449

1,833,142

Animal Health

1,902,225

1,902,225

Brucellosis

1.

1,271,013

7,200

1,278,213

Estrays

2.

50,000

50,000

Brand Inspection

2,870,824

69,178

AG

5,683,428

SR

8,623,430

Predator Control Fees

1,900,000

SR

1,900,000

TOTALS

7,910,755

23,649

7,652,606

15,587,010

AUTHORIZED EMPLOYEES

Full Time

20

Part Time

0

TOTAL

20

1.

For the period beginning July 1, 2010 and ending June 30, 2012, the department is authorized to provide reimbursements for brucellosis testing in an amount not less than three dollars and fifty cents ($3.50) per head and not to exceed eight dollars ($8.00) per head as determined by the livestock board.

2.

Of this general fund appropriation, fifty thousand dollars ($50,000.00) shall be used to pay for the increased costs associated with the management of
e
stray and abandoned animals
and animals impounded by the board pursuant to W.S. 11
‑
29
‑
114
.

Prior approval of the
l
ivestock
b
oard shall be required before

expenditure of funding for the purposes specified in this footnote.

These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert pursuant to law.

Section 055. OIL AND GAS COMMISSION

PROGRAM

Administration

390,680

8,297,629

AG

20,000

SR

8,708,309

Orphan Wells

1,000,000

AG

1,000,000

TOTALS

0

390,680

9,317,629

9,708,309

AUTHORIZED EMPLOYEES

Full Time

41

Part Time

0

TOTAL

41

Section 057. COMMUNITY COLLEGE COMMISSION

PROGRAM

Administration

6,312,081

758,141

7,070,222

State Aid

213,516,854

213,516,854

Contingency Reserve

3,200,000

SR

3,200,000

Leveraging Ed Assist Partnerships

225,000

112,500

337,500

Incentive Fund

46,000

46,000

Adult Basic Education

2,715,810

1,856,349

4,572,159

WYIN Loan & Grant Program

1.

5,275,640

5,275,640

Veterans Tuition Waiver Program

1,000,000

1,000,000

WY Teacher Shortage Loan Program

2.

6
00,000

S5

6
00,000

Public Television

3,567,987

3,567,987

TOTALS

232,659,372

2,726,990

3,
8
00,000

239,
1
86,362

AUTHORIZED EMPLOYEES

Full Time

16

Part Time

0

TOTAL

16

1.

This general fund appropriation shall be reduced by two million six hundred thirty-seven thousand eight hundred twenty dollars ($2,637,820.00) if the
Wyoming
investment in nursing program is not continued beyond June 30, 2011. In addition, to the extent any other legislation providing funding for this program for the 2011-2012
fiscal
biennium is enacted into law in the 2010 budget session, this general fund appropriation shall be reduced dollar for dollar by amounts contained in such legislation.

2.

This
other
fund
s
appropriation shall be reduced by three hundred thousand dollars ($300,000.00) if the
Wyoming
teacher shortage loan repayment program is not continued beyond June 30, 2011.

In addition, to the extent any other legislation providing funding for this program for the 2011-2012
fiscal
biennium is enacted into law in the 2010 budget session, this
other
fund appropriation shall be reduced dollar for dollar by amounts contained in such legislation.

Section 060.
STATE

LANDS
AND INVESTMENTS

PROGRAM

Operations

1.

17,269,515

47,672,580

1,640,000

S1

1
,
172
,
229

S5

2,550,811

SR

7
0
,
305
,
135

Forestry

8,251,196

856,923

2,226,000

SR

11,334,119

County Emergency Suppression

350,000

AG

2,230,000

SR

2,580,000

Fire

4,033,149

4,176,380

8,209,529

Mineral Royalty Grants

33,400,000

S4

33,400,000

Federal Forestry Grants

6,150,000

6,150,000

Transportation Enterprise Fund

2,000,000

AG

2,000,000

TOTALS

29,553,860

58,855,883

4
5
,
569
,
040

13
3
,
978
,
783

AUTHORIZED EMPLOYEES

Full Time

108

Part Time

4

TOTAL

112

1.

Any unexpended, unobligated funds remaining

in the state lands trust preservation account at the end of the 2009-2010 biennium shall not revert

and are hereby reappropriated and shall be expended for the purpose of funding projects that will preserve the value or revenue generating capacity of state trust lands or mineral assets approved by the
b
oard of
l
and
c
ommissioners pursuant to its rules.
This footnote is effective immediately.

Section 063. GOVERNOR'S RESIDENCE

PROGRAM

Residence Operation

768,875

768,875

Governor's Residence

5,000

5,000

TOTALS

773,875

0

0

773,875

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

2

TOTAL

5

Section 066.
WYOMING
TOURISM BOARD

PROGRAM

Wyoming
Tourism Board

24,
893
,
642

3,600

SR

24,
897
,
242

TOTALS

24,
893
,
642

0

3,600

24,
897
,
242

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 067.
UNIVERSITY
OF
WYOMING

PROGRAM

State Aid

1.

354,416,350

354,416,350

NCAR MOU

2.

1,000,000

1,000,000

TOTALS

355,416,350

0

0

355,416,350

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

1.

The university, through the college of health sciences, shall determine the feasibility and associated costs of establishing an accredited physician's assistant education program, and shall report the findings of the study to the
joint appropriations interim committee
and joint labor, health and social services interim committee by November 1, 2010.

2.

If National Science Foundation (NSF) approval for the NCAR-Wyoming Supercomputer Center (NWSC) is not received by June 30, 2010, the unexpended, unobligated

portion of the appropriation made by 200
8
Wyoming Session Laws, Chapter
48
, Section 2,
S
ection 067 for the NCAR MOU shall not revert until June 30, 2012, and this appropriation shall be used to fund construction of the fiber optic connection located in Albany County, Wyoming for the NWSC optical fiber loop.

If NSF approval for the NWSC is received by June 30, 2010, the university shall expend not to exceed one million dollars ($1,000,000.00) from its appropriation for state aid for such construction and shall include in its supplemental budget request for the 2011 general session the amount expended on construction for that fiber optic connection.

Prior to the expenditure of any funds under this footnote, the university shall first engage in a competitive bid process for comparable, dedicated, fiber optic lines leased from the private sector, including a full evaluation of the costs over the life of the project. Only if construction of a connection to the state's dark fiber is less costly than all responsible bids received shall the university expend any funds in constructing such a connection. Otherwise, the university shall secure an agreement with the winning responsible bidder through the competitive bid process under this footnote.

Section 069. WICHE

PROGRAM

Administration & Grants

5,180,730

5,180,730

TOTALS

5,180,730

0

0

5,180,730

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 070. ENHANCED OIL RECOVERY COMM

PROGRAM

Commission & Support

449,540

449,540

Technical Outreach & Research

5,405,283

5,405,283

TOTALS

1.

5,854,823

0

0

5,854,823

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

1.

(a)

The
Wyoming
enhanced and improved oil recovery commission shall oversee and direct development of the programs developed pursuant to this appropriation including:

(i)

Review and approval of all research assignments;
(ii)

Review and approval of all program related contracts and agreements to assure that contracts and agreements are performance based with measurable outcomes and performance timelines;
(iii)

Review and approval of all enhanced oil recovery institute expenditures.

(b)

No funds appropriated under this section shall be expended without the prior approval of the
Wyoming
enhanced and improved oil recovery commission.

Section 072. RETIREMENT SYSTEM

PROGRAM

Administration

1.,2.

16,379,176

PF

16,379,176

Highway Patrol

100,000

SR

100,000

Game & Fish-Wardens

160,562

SR

160,562

Volunteer EMT Pension Plan

3.

44,955

44,955

Deferred Compensation

925,242

AG

697,087

SR

1,622,329

TOTALS

44,955

0

18,262,067

18,307,022

AUTHORIZED EMPLOYEES

Full Time

38

Part Time

0

TOTAL

38

1.

Of this other funds appropriation, three hundred fifty thousand dollars ($350,000.00) is effective immediately.

2.

For the period commencing with the effective date of this

footnote through June 30, 2012, no retirement benefit, survivor benefit or disability benefit adjustment shall be provided pursuant to W.S. 9
‑
3
‑
419(b).

The
joint appropriations interim committee
shall review the issue of cost
-
of
-
living increases provided by the
Wyoming
retirement system created by
T
itle 9,
C
hapter 3,
A
rticle 4 of the Wyoming
S
tatutes and shall sponsor legislation for introduction in the 2011 general and budget session as it determines necessary to appropriately address the issue of cost
-
of
-
living adjustments under that system.

This

footnote is effective immediately.

3.

Unexpended, unobligated

funds appropriated in 2008 Wyoming Session Laws, Chapter 122, Section 3 (a) shall not revert, and are hereby
reappro
priated for the purposes of continuing the volunteer emergency medical technician pension plan established in that legislation.
This footnote is effective immediately.

Section 080. DEPARTMENT OF CORRECTIONS

PROGRAM

Corrections Operations

1.,2.
,3.

23,
7
20,119

216,307

3,715,517

SR

135,300

T0

206,189

TT

27,
9
93,432

Field Services

35,914,467

3,749,633

TT

39,664,100

Honor Conservation Camp

23,123,627

573,439

SR

72,178

T0

164,251

TT

23,933,495

Women's Center

21,518,172

100,000

561,151

SR

210,134

T0

2,535,657

TT

24,925,114

Honor Farm

18,982,661

796,780

IS

410,952

SR

95,469

T0

153,300

TT

20,439,162

State Penitentiary

84,395,220

5,212

AG

1,536,560

SR

198,000

T0

635,105

TT

86,770,097

WY Medium Correctional Institution

66,807,424

1,414,000

SR

225,000

T0

3,941,331

TT

72,387,755

TOTALS

274,
4
61,690

316,307

21,335,158

29
6
,
1
13,155

AUTHORIZED EMPLOYEES

Full Time

1,291

Part Time

3

TOTAL

1,294

1.

The department shall cooperatively work with the community college commission to assess the feasibility and costs of providing coursework at all state correctional facilities.

The department of corrections and the community college commission shall jointly report to the
joint appropriations interim committee
and joint education interim committee the findings of this assessment not later than December 1, 2010.

2.

Of this general fund appropriation, fifty thousand dollars ($50,000.00) shall only be expended by the department to assess medical care costs at correctional institutions, and to determine if more cost effective alternatives are available. The department shall report to the
joint appropriations interim committee
the findings of this assessment not later than December 1, 2010.

3.

Of this general fund appropriation, two hundred thousand dollars ($200,000.00) shall only be expended during fiscal year 2011 to reestablish the sex offender treatment program. The department of corrections shall report to the joint judiciary interim committee and the joint appropriations interim committee on the reestablishment of the sex offender treatment program and the department's plan for the continuation of the program not later than December 1, 2010. Any request for an appropriation for this program shall be included in the department's exception budget request for fiscal year 2012.

Section 081. BOARD OF PAROLE

PROGRAM

Administration

1,718,022

1,718,022

TOTALS

1,718,022

0

0

1,718,022

AUTHORIZED EMPLOYEES

Full Time

7

Part Time

0

TOTAL

7

Section 085.
WYOMING
BUSINESS COUNCIL

PROGRAM

Wyoming
Business Council

17,669,078

7,844,413

1,503,019

SR

27,016,510

Main
Street

1,501,706

75,000

SR

1,576,706

Investment Ready Communities

58,500,000

58,500,000

TOTALS

77,670,784

7,844,413

1,578,019

87,093,216

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 101. SUPREME COURT

PROGRAM

Administration

7,821,728

286,602

150,000

SR

8,258,330

Judicial Nominating Committee

15,001

15,001

Law Library

1,498,091

1,498,091

Circuit Courts

26,103,984

26,103,984

Court Automation

2,835,991

7,916,337

SR

10,752,328

Judicial Retirement

1,526,185

1,526,185

Board of Judicial Policy & Admin

1.

561,817

561,817

TOTALS

40,362,797

286,602

8,066,337

48,715,736

AUTHORIZED EMPLOYEES

Full Time

199

Part Time

26

TOTAL

22
5

1.

Of this general fund appropriation, one hundred fifty thousand dollars ($150,000.00) shall only be expended to pay for unused sick and annual leave of employees who retire or otherwise separate service during the period July 1, 2010 through June 30, 2012.

These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert pursuant to law.

Section 102. BOARD OF LAW EXAMINERS

PROGRAM

Administration

155,000

SR

155,000

TOTALS

0

0

155,000

155,000

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 103. COMM. ON JUD. CONDUCT & ETHICS

PROGRAM

Administration

324,776

324,776

TOTALS

324,776

0

0

324,776

AUTHORIZED EMPLOYEES

Full Time

1

Part Time

0

TOTAL

1

Section 120. JUDICIAL DISTRICT 1A

PROGRAM

Administration

863,869

863,869

TOTALS

863,869

0

0

863,869

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

1

TOTAL

4

Section 121. JUDICIAL DISTRICT 1B

PROGRAM

Administration

853,875

853,875

TOTALS

853,875

0

0

853,875

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

1

TOTAL

4

Section 122. JUDICIAL DISTRICT 2A

PROGRAM

Administration

912,605

912,605

TOTALS

912,605

0

0

912,605

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 123. JUDICIAL DISTRICT 2B

PROGRAM

Administration

975,834

975,834

TOTALS

975,834

0

0

975,834

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 124. JUDICIAL DISTRICT 3B

PROGRAM

Administration

874,867

874,867

TOTALS

874,867

0

0

874,867

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 125. JUDICIAL DISTRICT 3A

PROGRAM

Administration

934,822

934,822

TOTALS

934,822

0

0

934,822

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 126. JUDICIAL DISTRICT 4

PROGRAM

Administration

950,552

950,552

TOTALS

950,552

0

0

950,552

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 127. JUDICIAL DISTRICT 5A

PROGRAM

Administration

956,298

956,298

Water Litigation

437,246

437,246

TOTALS

1,393,544

0

0

1,393,544

AUTHORIZED EMPLOYEES

Full Time

6

Part Time

0

TOTAL

6

Section 128. JUDICIAL DISTRICT 5B

PROGRAM

Administration

914,064

914,064

TOTALS

914,064

0

0

914,064

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 129. JUDICIAL DISTRICT 6A

PROGRAM

Administration

952,985

952,985

TOTALS

952,985

0

0

952,985

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 130. JUDICIAL DISTRICT 7A

PROGRAM

Administration

980,090

980,090

TOTALS

980,090

0

0

980,090

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

1

TOTAL

5

Section 131. JUDICIAL DISTRICT 7B

PROGRAM

Administration

902,588

902,588

TOTALS

902,588

0

0

902,588

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

1

TOTAL

5

Section 132. JUDICIAL DISTRICT 9A

PROGRAM

Administration

1,005,998

1,005,998

TOTALS

1,005,998

0

0

1,005,998

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 133. JUDICIAL DISTRICT 8A

PROGRAM

Administration

914,270

914,270

TOTALS

914,270

0

0

914,270

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 134. JUDICIAL DISTRICT 9B

PROGRAM

Administration

1,103,817

1,103,817

TOTALS

1,103,817

0

0

1,103,817

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 135. JUDICIAL DISTRICT 6B

PROGRAM

Administration

998,588

998,588

TOTALS

998,588

0

0

998,588

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 136. JUDICIAL DISTRICT 8B

PROGRAM

Administration

792,000

792,000

TOTALS

792,000

0

0

792,000

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

0

TOTAL

3

Section 137. LARAMIE CO. DISTRICT 1C

PROGRAM

Administration

995,304

995,304

TOTALS

995,304

0

0

995,304

AUTHORIZED EMPLOYEES

Full Time

5

Part Time

0

TOTAL

5

Section 138. SWEETWATER CO. DISTRICT 3C

PROGRAM

Administration

941,392

941,392

TOTALS

941,392

0

0

941,392

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 139. NATRONA CO. DISTRICT 7C

PROGRAM

Administration

908,086

908,086

TOTALS

908,086

0

0

908,086

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 140. JUDICIAL DISTRICT 6C

PROGRAM

Administration

909,571

909,571

TOTALS

909,571

0

0

909,571

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 141. JUDICIAL DISTRICT 9C

PROGRAM

Administration

91
6,
522

916
,
522

TOTALS

916
,
522

0

0

916
,
522

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 151. DISTRICT ATTORNEY/JUD. DIST. #1

PROGRAM

Administration

3,965,428

3,965,428

TOTALS

3,965,428

0

0

3,965,428

AUTHORIZED EMPLOYEES

Full Time

18

Part Time

1

TOTAL

19

Section 157. DISTRICT ATTORNEY/JUD. DIST. #7

PROGRAM

Administration

3,823,256

3,823,256

TOTALS

3,823,256

0

0

3,823,256

AUTHORIZED EMPLOYEES

Full Time

20

Part Time

0

TOTAL

20

Section 160. CO
UNTY
& PROS
ECUTING
ATTORNEYS

PROGRAM

Administration

5,521,500

5,521,500

TOTALS

5,521,500

0

0

5,521,500

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 167. UW - MEDICAL EDUCATION

PROGRAM

Family Practice Residency Centers

18,664,537

5,305,440

SR

23,969,977

WWAMI Medical Education

1.

8,797,405

8,797,405

Advanced Practice - RN Psychiatry

507,500

507,500

Dental Contracts

4,648,097

4,648,097

Nursing Program

225,000

225,000

TOTALS

32,842,539

0

5,305,440

38,147,979

AUTHORIZED EMPLOYEES

Full Time

108

Part Time

23

TOTAL

131

1.

The University of
Wyoming
shall, in consultation with the Wyoming Medical Society, enter into negotiations with the University of Washington School of Medicine to increase the number of available student seats annually from the fiscal year 2010 level of sixteen (16) to eighteen (18) and ultimately twenty (20) students for each class year of medical students under W.S. 21
‑
17
‑
109. By July 1, 2010, the university shall provide a progress report to the joint labor, health and social services interim committee and the joint appropriations interim committee regarding this footnote and, if agreed to by the University of Washington School of Medicine, shall include, in its 2011-
20
12
s
upplemental
b
udget request sufficient funding to sustain the size of each class at not less than eighteen (18) students.

Section 205. EDUCATION-SCHOOL FINANCE

PROGRAM

School Foundation Pgm

1.
,3.

1,4
77
,
291
,
893

S5

1,
477
,
291
,
893

Court Ordered Placements

2.

2
2
,
387
,
806

S5

2
2
,
387
,
806

Mill Levy Debt Pledge

3,750,000

S6

3,750,000

Foundation-Specials

34,688,000

S5

34,688,000

Education Reform

31,705,007

S5

31,705,007

Student Performance Data Systems

2,137,135

S5

2,137,135

TOTALS

0

0

1,
571
,
959
,
841

1,
571
,
9
59
,
841

AUTHORIZED EMPLOYEES

Full Time

5

Part Time

0

TOTAL

5

1.

(a)

The department shall review the national certification incentive program under W.S. 21
‑
7
‑
501.

The review shall include by district:

(
i
)

The number of teachers who have qualified for reimbursement under the program;
(
ii
)

The total amounts reimbursed to teachers for certification under W.S. 21
‑
7
‑
501(b);
(
iii
)

The total amounts of lump sum payments made pursuant to W.S. 21
‑
7
‑
501(f)(i);
(
iv
)

The number of teachers providing mentoring services and the number of teachers receiving mentoring pursuant to W.S. 21
‑
7
‑
501(d);
(
v
)

The total amount reimbursed to each district by the state under W.S. 21
‑
7
‑
501 since inception of the program;
(
vi
)

The projected amounts to be reimbursed to each district by the state in each of the next four (4) fiscal years under W.S. 21
‑
7
‑
501, based upon the number of teachers who have received national certification and who are currently seeking national certification;
(
vii
)

The anticipated average length of remaining employment by teachers qualifying for the lump sum payment pursuant to W.S. 21
‑
7
‑
501(f)(i), based upon retirement under W.S. 9
‑
3
‑
415(a)(ii).
(b)

The department shall evaluate the effectiveness of the program in terms of teacher recruitment and quality.

The department shall also review evaluations of national certification programs generally, including appropriate length of time for additional payments for teachers receiving national certification.

The department shall report its findings and recommendations for any modifications to the program to the joint appropriations and joint education interim committees by October 1, 2010.

2.

Of this other funds appropriation, up to one million one hundred thousand dollars ($1,100,000.00) may be utilized by the department of education

to pay for the educational costs of children placed into day treatment programs under W.S. 21
‑
13
‑
315 for the 2011-2012 fiscal biennium.

3.

Of this other funds appropriation, the department shall distribute equally to qualifying school districts a total of not more than fifteen thousand dollars ($15,000.00) as financial assistance for educational programs offered during summer months between school years for school age children who are blind. To receive financial assistance under this footnote, a school district shall apply to the department in a manner and form prescribed by the department.

Section 211. BOARD OF EQUALIZATION

PROGRAM

Equalization & Tax Appeals

1,759,335

1,759,335

TOTALS

1,759,335

0

0

1,759,335

AUTHORIZED EMPLOYEES

Full Time

7

Part Time

0

TOTAL

7

Section 220. ENVIRONMENTAL QUALITY COUNCIL

PROGRAM

Administration

868,793

868,793

TOTALS

868,793

0

0

868,793

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

0

TOTAL

3

Section 270. OFFICE OF ADMINISTRATIVE HEARING
S

PROGRAM

Administration

3,462,196

SR

3,462,196

TOTALS

0

0

3,462,196

3,462,196

AUTHORIZED EMPLOYEES

Full Time

11

Part Time

0

TOTAL

11

Section 012. BOARD OF ARCHITECTS/LANDSCAP
E
R

PROGRAM

Administration

195,926

SR

195,926

TOTALS

0

0

195,926

195,926

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 013. WY EUTHANASIA CERTIFICATION
BOARD

PROGRAM

Administration

37,812

SR

37,812

TOTALS

0

0

37,812

37,812

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 016. BOARD OF BARBER EXAMINERS

PROGRAM

Administration

43,139

SR

43,139

TOTALS

0

0

43,139

43,139

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 017. BOARD OF RADIOLOGIC TECH.

PROGRAM

Administration

105,142

SR

105,142

TOTALS

0

0

105,142

105,142

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 018. REAL ESTATE COMMISSION

PROGRAM

Administration

67,500

AG

919,510

SR

987,010

Real Estate Recovery

4,000

AG

6,000

SR

10,000

Real Estate Education

6,000

AG

57,400

SR

63,400

Real Estate Appraiser

7,000

AG

135,423

SR

142,423

Appraiser Education

29,000

SR

29,000

TOTALS

0

0

1,231,833

1,231,833

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 019. PROF TEACHING STDS BOARD

PROGRAM

Prof Teaching Stds Board

1,349,644

SR

1,349,644

TOTALS

0

0

1,349,644

1,349,644

AUTHORIZED EMPLOYEES

Full Time

6

Part Time

0

TOTAL

6

Section 022. RESPIRATORY CARE PRACTITIONERS B
OARD

PROGRAM

Administration

77,508

SR

77,508

TOTALS

0

0

77,508

77,508

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 028. B
OAR
D OF REGISTRATION IN PODIATRY

PROGRAM

Administration

25,866

SR

25,866

TOTALS

0

0

25,866

25,866

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 030. BOARD OF CHIROPRACTIC EXAMINERS

PROGRAM

Administration

66,945

SR

66,945

TOTALS

0

0

66,945

66,945

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 031. COLLECTION AGENCY BOARD

PROGRAM

Administration

1,148

AG

90,584

SR

91,732

TOTALS

0

0

91,732

91,732

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 033. BOARD OF COSMETOLOGY

PROGRAM

Administration

729,770

SR

729,770

TOTALS

0

0

729,770

729,770

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

1

TOTAL

4

Section 034. BOARD OF DENTAL EXAMINERS

PROGRAM

Administration

276,523

SR

276,523

TOTALS

0

0

276,523

276,523

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 035. BOARD OF EMBALMERS

PROGRAM

Administration

47,971

SR

47,971

TOTALS

0

0

47,971

47,971

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 038. PARI-MUTUEL COMMISSION

PROGRAM

Administration

740,611

SR

740,611

Wyoming
Breeders Award Fund

170,000

SR

170,000

TOTALS

0

0

910,611

910,611

AUTHORIZED EMPLOYEES

Full Time

1

Part Time

2

TOTAL

3

Section 052. MEDICAL LICENSING BOARD

PROGRAM

Administration

1,584,883

SR

1,584,883

TOTALS

0

0

1,584,883

1,584,883

AUTHORIZED EMPLOYEES

Full Time

3

Part Time

0

TOTAL

3

Section 054. BOARD OF NURSING

PROGRAM

Administration & School Accred

2,579,859

SR

2,579,859

TOTALS

0

0

2,579,859

2,579,859

AUTHORIZED EMPLOYEES

Full Time

8

Part Time

0

TOTAL

8

Section 056. BOARD OF OPTOMETRY

PROGRAM

Administration

86,311

SR

86,311

TOTALS

0

0

86,311

86,311

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 058. B
OARD
OF SPEECH PATHOLOGIST
S/
AUD
IOLOGISTS

PROGRAM

Administration

44,851

SR

44,851

TOTALS

0

0

44,851

44,851

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 059. BOARD OF PHARMACY

PROGRAM

Licensing Board

1,285,294

SR

1,285,294

TOTALS

0

0

1,285,294

1,285,294

AUTHORIZED EMPLOYEES

Full Time

6

Part Time

0

TOTAL

6

Section 061.
WYOMING
BOARD OF CPAS

PROGRAM

Administration

673,979

SR

673,979

TOTALS

0

0

673,979

673,979

AUTHORIZED EMPLOYEES

Full Time

2

Part Time

0

TOTAL

2

Section 062. BOARD OF PHYSICAL THERAPY

PROGRAM

Administration

123,192

SR

123,192

TOTALS

0

0

123,192

123,192

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 064. BOARD OF HEARING AID SPECIALISTS

PROGRAM

Administration

30,899

SR

30,899

TOTALS

0

0

30,899

30,899

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 065. BOARD OF ATHLETIC TRAIN
ERS

PROGRAM

Administration

35,231

SR

35,231

TOTALS

0

0

35,231

35,231

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 068. B
OAR
D OF PSYCHOLOGIST EXAMINERS

PROGRAM

Administration

127,854

SR

127,854

TOTALS

0

0

127,854

127,854

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 075. BOARD OF OUTFITTERS

PROGRAM

Administration

874,215

SR

874,215

TOTALS

0

0

874,215

874,215

AUTHORIZED EMPLOYEES

Full Time

4

Part Time

0

TOTAL

4

Section 078. MENTAL HEALTH PROFESSIONS LIC
ENSING BOARD

PROGRAM

Administration

251,760

SR

251,760

TOTALS

0

0

251,760

251,760

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

Section 079. BOARD OF NURSING HOME ADMIN

PROGRAM

Administration

44,464

SR

44,464

TOTALS

0

0

44,464

44,464

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

1

TOTAL

1

Section 083. BOARD OF OCCUPATIONAL THERAPY

PROGRAM

Administration

93,554

SR

93,554

TOTALS

0

0

93,554

93,554

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

1

TOTAL

1

Section 084. BOARD OF PROF
ESSIONAL
GEOLOGISTS

PROGRAM

Administration

416,564

SR

416,564

TOTALS

0

0

416,564

416,564

AUTHORIZED EMPLOYEES

Full Time

1

Part Time

1

TOTAL

2

Section 251. BOARD OF VETERINARY MEDICINE

PROGRAM

Admin
istration

122,950

SR

122,950

TOTALS

0

0

122,950

122,950

AUTHORIZED EMPLOYEES

Full Time

0

Part Time

0

TOTAL

0

[CAPITAL CONSTRUCTION]

Section 3.

The following sums of money are appropriated for the capital construction projects specified.

Appropriations for these projects remain in effect until the project is completed. Appropriated funds under this section shall be expended only on the projects specified and any unused funds remaining at project completion shall revert to the accounts from which they were appropriated. The amounts appropriated in this section are intended to provide a maximum amount for each project and shall not be construed to be an entitlement or guaranteed amount.
Section 006. ADMINISTRATION AND INFORMATION

1.

PROGRAM

A&I State Bldg. Comm. Contingency

3,097,266

3,097,266

A&I Flex Contingency

3,193,707

3,193,707

Military Dept. Breaching Facility

677,000

677,000

Military Dept. Urban Assault Course

3,000,000

3,000,000

Military

Dept.

Shoot

House

Range

3,000,000

3,000,000

Military

Dept.

Land
Acquisition

2.

8,200,000

8,200,000

Military Dept. Facility Upgrades

500,000

500,000

Military Dept.
Laramie
Maint. Facility

400,000

15,000,000

15,400,000

Military Dept.
Cheyenne
NG Air Ramp

1,560,000

1,560,000

Military

Dept.

Medical

Readiness

Center

210,000

630,000

840,000

Dept. of Revenue Liquor Warehouse

12,928,348

S
3

12,928,348

State Parks - Health & Safety

4,000,000

EF

4,000,000

State Parks - Water Related Facilities

1,850,000

SR

1,850,000

State Parks - Territorial Prison

210,000

SR

210,000

G&F ADA Compliant Outhouses

350,000

350,000

G&F Cody Regional Office

200,000

200,000

G&F Lander Regional Office

250,000

250,000

G&F Dry Storage Units

90,000

90,000

Dept. of Family Services
–
WBS

Classroom Bldg

55,000

T1

55,000

WY
Tourism

Board

Welcome

Center

3
.

14,598,000

14,598,000

TOTALS

32,648,973

22,307,000

19,043,348

73,999,321

1.

Any unexpended, unobligated funds remaining in a capit
o
l construction project budget upon completion of the project shall be deposited into the capitol building rehabilitation and restoration account
created by W.S. 9
‑
5
‑
109(j)
, and shall not be transferred or expended for any other purpose.

2.

The construction management division of the department of administration and information shall negotiate the purchase
of
lands for the expansion of
Camp

Guernsey
.

The military department is authorized to purchase such lands at the negotiated price which shall be not more than fair market value and not in excess of the total amount of this appropriation.

3
.

In replacing the tourism center located at I-25 and College Drive in Cheyenne, the tourism board shall work cooperatively with the Wyoming department of transportation to achieve release of encumbrances on the tourism center in place as a result of use of federal funding, and to the extent necessary may transfer those encumbrances to the new facility to achieve that goal.

Section 027. SCHOOL FACILITIES COMMISSION

PROGRAM

Ancillary Buildings

1.

480,000

S6

480,000

Athletic Track Facilities

2.

500,000

S6

500,000

TOTALS

0

0

980,000

980,000

1.

Of this other fund appropriation, up to four hundred eighty thousand dollars ($480,000.00) shall be distributed by the school facilities commission for leasing and planning administration facilities at Teton county school district no. 1, Big Horn county school district no. 3 and Uinta county school district no. 6.

Distributions under this footnote shall be for the 2011-2012
fiscal
biennium.

2.

Of this

other fund appropriation, five hundred thousand dollars ($500,000.00) shall only be expended by the school facilities commission during the 2011-2012 fiscal biennium for construction of track facilities in Big Horn county school district no. 1 and in Lincoln county school district no. 2.

Section 057. COMMUNITY COLLEGE COMMISSION

1.,2.,3.

PROGRAM

CC Student Union/UWCC Building

32,000,000

PR

32,000,000

CC Music Building

16,000,000

PR

16,000,000

EWC Workforce Dev./Manuf. Center

6,000,000

PR

6,000,000

EWC Center for Education Excellence

8,200,000

PR

8,200,000

LCCC/UW Joint Facility

26,071,600

PR

26,071,600

NWCCD Big West Academic Center

15,167,487

PR

15,167,487

NWCCD Sheridan Armory Acquisition

8,642,337

PR

8,642,337

WWCC Wingate Hotel

5,900,000

PR

5,900,000

TOTALS

0

0

117,981,424

117,981,424

1.

Authorization for individual capital construction projects contained in this section shall expire on June 30, 2012 if the construction process has not begun prior to that date.

2.

No funds appropriated for major maintenance for community colleges and distributed to the colleges by the commission through the state aid block grant shall be expended for major maintenance on the projects authorized in this section.

3.

The community college commission shall annually prioritize all community college projects with costs in excess of one million dollars ($1,000,000.00), regardless of the source of funds utilized for the construction.

Section 067.
UNIVERSITY
OF
WYOMING

PROGRAM

UW Fine
a
nd Performing Arts

33,000,000

RB

33,000,000

UW Downey Hall

6,000,000

RB

6,000,000

TOTALS

1.

0

0

39,000,000

39,000,000

1. This section is effective immediately.

1

ORIGINAL HOUSE

BILL

NO.
0001

ENROLLED ACT NO. 46, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

[BUDGET BALANCERS - TRANSFERS]
Section 300.

(a)

There is appropriated an amount not to exceed one billion
sixteen
million
six
hundred
thirteen
thousand
four
hundred
forty-one
dollars ($1,01
6
,
613
,
441
.00) from the budget reserve account to the general fund. The state auditor shall transfer funds under this subsection as necessary to maintain a positive unappropriated general fund balance.

(b)

Any amount of unappropriated funds remaining in the budget reserve account on June 30, 2012 in excess of ninety-three million twenty-five thousand dollars ($93,025,000.00) shall be transferred to the legislative stabilization reserve account.

[SPENDING POLICY RESERVE ACCOUNT
S
]

Section 3
01
.

(a)

N
otwithstanding W.S. 9
‑
4
‑
719(b) no funds within the permanent
Wyoming
mineral trust fund reserve account shall be credited to the permanent mineral trust fund until June 30, 2012.

(b)

N
otwithstanding W.S. 9
‑
4
‑
719(f) no funds within the common school permanent fund reserve account shall be credited to the common school account within the permanent land fund until June 30, 2012.

(c)

Notwithstanding W.S. 9
‑
4
‑
719(k) no funds within the higher education endowment reserve account shall be credited to the excellence in higher education endowment fund created by W.S. 9
‑
4
‑
204(u)(vi) until June 30, 2012.

(d)

Notwithstanding W.S. 21
‑
16
‑
1302(b) no funds within the

Hathaway student scholarship reserve account shall be credited to the

Hathaway student scholarship endowment fund created by W.S. 9
‑
4
‑
204(u)(vii) until June 30, 2012.

(e)

This section is effective im
m
ediately.

[BORROWING AUTHORITY - CASH FLOW]

Section 3
02
.

(a)

The state auditor is authorized to borrow from pooled fund investments in the treasurer's office amounts necessary to assist the state's general fund cash flow. The amounts borrowed shall be repaid when sufficient general fund revenue is available. The auditor shall borrow funds under this section only to assist the month-to-month cash flow of the general fund and shall not borrow funds under this section when total appropriations together with outstanding encumbrances and obligations for the biennium exceed projected revenues, including transfers from the budget reserve account as authorized by the legislature, for the

biennium.

(b)

The state auditor is authorized to borrow from pooled fund

investments in the treasurer's office an amount not to

exceed one

hundred million dollars ($100,000,000.00), if necessary, for the purpose of

assisting the department of transportation's cash flow. The amounts borrowed

shall be repaid when sufficient revenue is available. Interest on the unpaid

balance shall be the average interest rate earned on pooled fund investments

in the previous fiscal year.

[HATHAWAY SCHOLARSHIP - BORROWING AUTHORITY]

Section 3
0
3
.

The state treasurer is authorized to borrow from pooled fund investments an amount necessary to meet cash flow requirements of the Hathaway scholarship program. The treasurer shall borrow funds under this section only to assist the month-to-month cash flow of the program and shall not borrow funds under this section when total expenditures together with outstanding encumbrances and obligations for a fiscal year exceed projected revenues and fund balances available for that fiscal year for the program.

The amounts borrowed shall be repaid when sufficient revenue is available in the Hathaway reserve account or the Hathaway expenditure account. Interest paid on the amounts borrowed shall be the average interest rate earned on pooled fund investments in the previous fiscal year.

[CARRYOVER APPROPRIATIONS]

Section 3
04
.

[
DISASTER
CONTINGENCY]

(a)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a)
of
any unexpended, unobligated monies appropriated from the general fund to the office of the governor in 2008 Wyoming Session Laws, Chapter 48, Section 2, Section 001 as amended by 2009 Wyoming Session Laws, Chapter 159, Section 2, Section 001 for the
disaster contingency
program
seven hundred fifty thousand dollars ($750,000.00)
shall not revert on June 30, 2010, and are hereby
re
appropriated to the office of the governor for the
disaster contingency
program for the period beginning July 1, 2010 and ending June 30, 2012.

[CARRYOVER OF NATURAL RESOURCE POLICY ACCOUNT]

(b)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a)
of
any unexpended, unobligated monies appropriated from the general fund to the office of the governor
by
2008 Wyoming Session Laws, Chapter 48, Section 2, Section 001
,
as amended by 2009 Wyoming Session Laws, Chapter 159, Section 2, Section 001 for the natural resource policy account program,
one million dollars ($1,000,000.00)
shall not revert on June 30, 2010, and are hereby appropriated and shall be expended for the purpose of funding the natural resource policy account program under Section 2, Section 001 of this act for the period beginning July 1, 2010 and ending June 30, 2012.

(c)

This section is effective immediately.

[FUND BALANCE - DEFINITION]
Section 30
5
.

(a)

For the period beginning July 1, 2010 and ending June 30, 2012 and for purposes of this act and any other provision of Wyoming law referencing a "fund balance" and notwithstanding cash or fund balances reflected in the state of Wyoming's Comprehensive Annual Financial Report (CAFR), "unappropriated fund balance" or "unobligated, unencumbered fund balance" means:

(i)

The fund cash and petty cash balance from the comparative balance sheet by fund report which is run within five (5) business days following the thirteenth month close;

(ii)

Less the fund balance reserved encumbrances from the comparative balance sheet by fund report which is run within five (5) days following the thirteenth month close;

(iii)

Less the remaining unspent appropriations from that fund for previous biennia, including those unspent appropriations from the most recent legislative session that were effective immediately, as computed by the state auditor's office;

(iv)

Less fund reversions as computed by the state auditor's office;

(v)

Plus the net accounts receivable due from the federal government or other entities as of June 30 from the most recently completed fiscal year, as computed by the state auditor's office;

(vi)

Plus mineral severance taxes, if any, to be distributed to the fund that have been earned in the most recently completed fiscal year but have not yet been distributed, as determined by the department of revenue;

(vii)

Plus sales and use taxes, if any, to be distributed to the fund that have been earned in the most recently completed fiscal year but have not yet been distributed, as determined by the department of revenue;

(viii)

Plus federal mineral royalties, if any, to be distributed to the fund that have been earned in the most recently completed fiscal year but have not yet been distributed, as determined by the state treasurer's office.

[MEDICAID CONTINGENCY APPROPRIATIONS]
Section 30
6
.

There is appropriated from the general fund to the state auditor twenty-five million dollars ($25,000,000.00) for the purpose of providing a reserve for the state's share of all Medicaid programs. Of this appropriation
,
sixteen million dollars ($16,000,000.00) shall only be expended after further action
reappro
priating these funds by the legislature, and only if the governor determines no other sources of funds are available.

The remaining nine million dollars ($9,000,000.00) of this appropriation shall only be expended as necessary for an increase in caseload beyond the current projections for the 2011-2012 fiscal biennium and only if the governor determines no other sources of funds are available.

These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012 shall revert according to law.

[EMPLOYEE BENEFITS]
Section 30
7
.

(a)

The state's contribution to the state health
, dental and life
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 shall be paid from amounts appropriated in agency budgets in the following amounts for the specified time periods:

(i)

For the period beginning December 1, 2010 and ending November 30, 2011 an amount to be determined by the employees' group insurance section of the department of administration and information but not to exceed:

(A)

Six hundred sixty-seven dollars and ninety-one cents ($667.91) per month for an employee electing single coverage;

(B)

One thousand fifteen dollars and seventy-eight cents ($1,015.78) per month for an employee electing employee plus dependent children coverage;

(C)

One thousand three hundred twenty-seven dollars and seventy-two cents ($1,327.72) per month for an employee electing employee plus dependent spouse coverage;

(D)

One thousand five hundred seventeen dollars and eighty-two cents ($1,517.82) per month for an employee electing family coverage; and

(E)

Seven hundred fifty-eight dollars and ninety-one cents ($758.91) per month for employees who elect family coverage when both husband and wife are employees of covered entities creating a split family coverage.

(ii)

For the period beginning December 1, 2011 and ending November 30, 2012 an amount to be determined by the employees' group health insurance section of the department of administration and information but not to exceed:

(A)

Seven hundred thirty-five dollars and eleven cents ($735.11) per month for an employee electing single coverage;

(B)

One thousand one hundred eighteen dollars and seventy-eight cents ($1,118.78) per month for an employee electing employee plus dependent children coverage;

(C)

One thousand four hundred sixty-three dollars and twenty-nine cents ($1,463.29) per month for an employee electing employee plus dependent spouse coverage;

(D)

One thousand six hundred seventy-three dollars and twenty-four cents ($1,673.24) per month for an employee electing family coverage; and

(E)

Eight hundred thirty-six dollars and sixty-two cents ($836.62) per month for employees who elect family coverage when both husband and wife are employees of covered entities creating a split family coverage.

(b)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a) unexpended, unobligated

monies appropriated from the general fund to the state auditor in 2007 Wyoming Session Laws, Chapter 136, Section 303, and
reappro
priated in 2008 Wyoming Session Laws, Chapter 48, Section 303, for purposes of employee salaries and benefits, shall not revert on June 30, 2010 and are hereby appropriated for the period beginning July 1, 2010 and ending June 30, 2012 to the state auditor to be distributed to executive branch agencies, excluding the University of Wyoming and the community colleges, for salary adjustments for market inequities as determined by the human resources division of the department of administration and information.

This subsection is effective immediately.

(c)

There is appropriated six million five hundred thousand dollars ($6,500,000.00) from the general fund to the state auditor for the period beginning July 1, 2010 and ending June 30, 2012 to be expended only for health insurance benefits for executive, legislative and judicial branch agency retirees, including retirees of the University of Wyoming and the community colleges, who participate in the state employees' and officials' group health insurance plan, and whose date of retirement was prior to July 1, 2008. Payments to the plan on behalf of eligible retirees shall be made monthly at the rate of eleven dollars and fifty cents ($11.50) per year of service up to a maximum of thirty (30) years of service for those retirees who are not Medicare eligible, and at the rate of five dollars and seventy-five cents ($5.75) per year of service up to a maximum of thirty (30) years of service for those retirees who are Medicare eligible.

(d)

All state agencies, including the University of Wyoming, the community colleges and the
legislative and
judicial branch
es
shall pay into the health insurance benefits account created by 2008 Wyoming Session Laws, Chapter 48, Section 303 each pay period an amount
up
to one percent (
1
.
0
%)
, as established by the department of administration and information,
of each
benefit eligible
employee's salary.

Funds in the retiree health insurance benefits account shall be used for the purposes of funding the benefits in the same manner and amounts as provided in subsection

(c) of this section for retirees whose effective date of retirement is July 1, 2008 or later.

All investment income earned on the account shall remain in the account.

(e)

No general fund appropriation in this section shall be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from any such appropriation on June 30, 2012 shall revert pursuant to law.

(f)

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.

[FIRE PREVENTION - COLLECTION OF FEES]

Section 30
8
.

Notwithstanding W.S. 35
‑
9
‑
108(e), for the period beginning July 1, 2010 and ending June 30, 2012, the state department of fire prevention and electrical safety is hereby authorized to charge fees not in excess of fees authorized under W.S. 35
‑
9
‑
108(d) to any entity for which it performs any plan inspection or review.

[FLEX - EXECUTIVE]

Section 30
9
.

(a)

Notwithstanding W.S. 9
‑
2
‑
1005(a) and (c), the governor is authorized to transfer:

(i)

Between programs within any executive branch agency, excluding the
University
of
Wyoming
, ten percent (10%) of the total appropriation for the agency;

(ii)

Between executive branch agencies, excluding the
University
of
Wyoming
, five percent (5%) of the total appropriation for the agency from which the funds are transferred.

(b)

All transfers authorized under this section shall be approved by the governor and reported to the joint appropriations interim committee through the
B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii)
.

(c)

The authority granted under this section is effective for the period beginning July 1, 2010 and ending June 30, 2012.

(d)

Any provision of this act or any other legislation enacted which specifies that an appropriation shall not be transferred or expended for any other purpose, or containing language of like effect, shall prevail over this section and no such funds so appropriated shall be subject to subsection (a) of this section.

[FLEX - JUDICIARY]
Section 3
10
.

(a)

Except as otherwise provided in this section, the supreme court may transfer up to five percent (5%) of the total general fund appropriation between programs within the supreme court. With the approval of the district court budget committee up to five percent (5%) of the general fund appropriation to each district court may be transferred to one (1) or more other district courts. Authority pursuant to this section shall be effective for the period commencing July 1, 2010 and ending June 30, 2012. Any transfers pursuant to this section shall be reported annually to the joint appropriations interim committee. The report shall specify the appropriations and authorized positions transferred including transfers between expenditure series, programs and courts.

(b)

Any provision of this act or any other legislation enacted which specifies that an appropriation shall not be transferred or expended for any other purpose, or containing language of like effect, shall prevail over this section and no such funds so appropriated shall be subject to subsection (a) of this section.

[PERSONAL SERVICES TRANSFERS]

Section 3
1
1
.

(a)

Notwithstanding any other provision of this act, nonfederal fund appropriations for 100 series personal services contained in this act shall not be transferred to any other series or expended for any purpose other than personal services.

The department of health is exempted from this section for the following purposes
only
:

(i)

For high cost emergency detentions at the state hospital, funding transfers from the 100 series personal services within the state hospital budget are hereby authorized and shall be limited to a maximum of six million dollars ($6,000,000.00) in the period from July 1, 2010 through June 30, 2012
;

(ii)

For increased costs in the 200 series supportive services at the retirement center located at Basin,
Wyoming,
funding transfers from the 100 series personal services within the retirement center budget are hereby authorized and shall be limited to a maximum of

six hundred thousand dollars ($600,000.00) in the period from July 1, 2010 through June 30, 2012
;

(iii)

For the purposes of implementing and operating the department's information technology program within the director's office, funding transfers from the 100 series personal services within the department's information technology budget are hereby authorized and shall be limited to a maximum of nine hundred thousand dollars ($900,000.00) in the period from July 1, 2010 through June 30, 2012.

[POSITION FREEZE]

Section 3
12
.

No legislative appropriation of general fund monies shall be used to hire new employees from July 1, 2010, through June 30, 2012, except to fill a vacancy within the authorized number of positions as indicated by the agency's appropriation act or otherwise specified by legislation enacted in the 2010 budget session or the 2011 general session. The governor may authorize additional positions in any agency, even if in excess of the positions authorized by the legislature, provided that at least an identical number of vacant positions existing in other agencies are terminated.

The additional positions shall be funded using money authorized for the vacant positions.

[AT
-
WILL CONTRACT EMPLOYEE POSITION FREEZE]

Section 31
3
.

Effective July 1, 2010 through June 30, 2012, no at-will contract employee position shall be renewed or created unless specifically authorized by legislation enacted during or after the 2010 budget session or approved by the governor.

Any such position so authorized by the legislature or approved by the governor shall be reported to the
joint appropriations interim committee
through the
B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii)
.

As used in this section "at-will contract employee position" means any position existing pursuant to the provisions of W.S. 9
‑
2
‑
1022(a)(xi)(F).

[VACANT POSITIONS]

Section 314.

Of the
two hundred fifty-one (
25
1)
full and part-time permanent positions shown to be vacant and currently not-recruiting in the document dated February
15
, 2010, entitled "vacant position report" and compiled by the department of administration and information and on file in the legislative service office, not more than twenty-
five
(2
5
) of those

positions shall be filled from the effective date of this section through June 30, 2012.

This section is effective immediately.

[BUDGET REDUCTION AUTHORITY - REVENUE SHORTFALL]

Section 31
5
.

The governor shall review all agency budgets and expenditures every six (6) months. If the governor determines during the review that the probable receipts for the next six (6) month period from taxes or other sources of revenue for any fund or account will be less than were anticipated, and if the governor determines that these receipts plus existing revenues in the fund or account, which are available for the next six (6) month period will be less than the amount appropriated, the governor, within sixty (60) days after reviewing the budget, shall give notice to the state agencies concerned and reduce the amount appropriated to prevent a deficit. This section shall apply to all appropriations in this act regardless of whether the appropriation is for a specified project or purpose, including but not limited to capital construction projects. This section shall apply whether the appropriation is to be expended directly by an agency or is made to an agency for distribution to another entity. As used in this section "agency" includes an authority, board, commission, council, department, institution, instrumentality, office and other separate operating agency or unit of the executive and judicial department of state government and includes the University of Wyoming and each community college.

Any reductions made pursuant to this section shall be reported through the
B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii)
.

[
SUPREME COURT/DISTRICT COURT
BUDGETS]

Section 31
6
.

The supreme court and all district courts shall submit 2011-2012 supplemental budget requests to the legislature no later than November 1, 2010, and 2013-2014 biennial budget requests to the legislature no later than November 1, 2011. The supreme court and district courts shall prepare all 100 series personal services budget requests using the same methods and practices as the executive branch.

[INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS - REVIEW BY CIO]

Section 31
7
.

(a)

No appropriation contained in this act for information technology or telecommunications personnel, hardware or software or contractual services for information technology, shall be expended until the chief information officer has approved the expenditure.

Upon request for expenditure, the chief information
officer
shall review the request and determine if a less expensive alternative to effectively accomplish the need is available and, if so, shall only approve the request for the lesser amount.

Of the difference in general funds in the amount requested and amount approved, one-half (1/2) shall be deposited to an information technology account, from which the chief information officer may expend funds as approved by the governor for information technology and telecommunications initiatives.

The remaining one-half (1/2) of general funds saved shall immediately revert to the budget reserve account.

All unexpended,

unobligated funds within the information technology account shall revert to the budget reserve account on June 30, 2012.

All transfers pursuant to this section shall be reported to the
joint appropriations interim committee
through the B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii).
The
University
of
Wyoming
, community colleges and the judicial and
legislative
branches shall not be subject to this section.

(b)

The
g
overnor shall convene a committee to initiate planning for the transformation and consolidation of state information technology programs. The committee shall include representatives from state agency information technology staff, and shall examine consolidation measures which may improve services, eliminat
e
redundant activities, and leverag
e
state resources in the delivery of improved technology solutions for state operations.

The committee
sha
ll be directed by the office of the
g
overnor and staffed by the
c
hief
i
nformation
o
fficer and others, as
appoint
ed by the
g
overnor. The committee shall offer initial recommendations to the
g
overnor prior to July 1, 2010, and shall submit final recommendations to the
g
overnor and the
j
oint
a
ppropriations
interim
committee no later than October 1, 2010.

The report shall include recommendations to provide more effective and efficient information technology services including, but not limited to, u
se of
shared services, facilities
and
personnel,
and recommendations to provide better
accountability and management.

Agencies shall participate in the consolidation program and provide assistance and support to the committee as required by the committee
. This subsection is effective immediately.

[COMPUTER LEASING - REVIEW BY CIO]

Section 3
18
.

No appropriation for computer hardware or software leasing contained in this act shall be expended for leases beginning on or after July 1, 2010 until the chief information officer has completed an analysis of the benefits/costs of leasing versus purchase and made a recommendation to the governor and the joint appropriations interim committee. No appropriations for computer leases contained in this act shall be contained in any agency's 2013-2014 standard budget request.

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

Section 31
9
.

(a)

For the biennium beginning July 1, 2010,
and ending June 30, 2012,
there is appropriated from the general fund for major building and facility repair and replacement, and to address compliance projects required by the Americans with Disabilities Act, 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 a fair condition:

(i)

Formula amount Funding level Appropriation $26,422,932.00 times 100%

= $26,422,932.00
;

(ii)

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

(A)

100%

- To the department of administration and information for state facilities managed by the state building commission, state institutions and to fund projects contained within the five (5) year plan submitted by the department of state parks and cultural resources as approved by the state building commission
.

(b)

Funding received through the American Reinvestment and Recovery Act in the following amounts shall be expended as follows, shall be expended or obligated by September 30, 2011
and shall be effective immediately
:

(i)

Twenty-seven million eight thousand four hundred five dollars (
$27,008,405
.00
)

- To the University of Wyoming
for modernization, renovation or repair of higher education facilities that are primarily used for instruction or research. Expenditures for student housing are specifically excluded
;

(ii)

Seventeen million fifty-nine thousand six hundred sixty-six dollars (
$
17,059,666
.00
)

- To the community college
s

for modernization, renovation or repair of community college facilities that are primarily used for instruction or research. Expenditures for student housing are specifically excluded
.
Any funds received for maintaining, operating or equipping any capital construction project from the American Recovery and Reinvestment Act of 2009 shall not be subject to the provisions of W.S. 21
‑
18
‑
205(g).

(c)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), appropriations made under subsection
s
(a) and (b) of this section shall be separately accounted for by the recipient and shall not revert.
Appropriations under subsection (b) of this section shall be expended or obligated by September 30, 2011.
Expenditures from these appropriations shall be restricted to expenses incurred for major building and facility repair and replacement as defined in paragraph (e)(i) of this section and as prescribed by rule and regulation of the state building commission.

(d)

Not later than October 31, 2011, 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
s
(a)
and (b)
of this section.

(e)

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.

(f)

Not later than September 1, 201
1
, 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, 2012, 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.

[AML FUNDING]

Section 32
0
.

(a)

No application to the federal office of surface mining for grants from the state of Wyoming's share of abandoned mine land funds from the Surface Mining Control and Reclamation Act Amendments of 2006, Section 411(h)(i), pursuant to 2007 H.R. 6111, shall be made except as expressly authorized by the legislature. Notwithstanding W.S. 35
‑
11
‑
1210, grant funds received for the projects authorized in this section may, but are not required to be, deposited into the state abandoned mine land funds reserve account pursuant to W.S. 35
‑
11
‑
1210. All funds received from the authorized grants are appropriated to the department of environmental quality in the amounts specified in this section to be expended for the purposes set forth in this section.

(b)

The legislature authorizes the department of environmental quality to submit grant applications to the federal office of surface mining for distribution of a portion of funds specified in subsection (a) of this section for the period ending June 30, 2011 for the following projects:

(i)

Thirty-three million four hundred thousand dollars ($33,400,000.00) for the abandoned mine reclamation program and operation of the mine subsidence insurance program;

(ii)

Two million two hundred one thousand one hundred seventeen dollars ($2,201,117.00) for the solid waste orphaned site program;

(iii)

Three hundred ninety-eight thousand eight hundred eight
y
-three dollars ($398,883.00) to the department of environmental quality air quality division for addressing statewide energy impacts;

(iv)

One million four hundred thousand dollars ($1,400,000.00) to the department of environmental quality air quality division for expenditure on operations and maintenance of ambient air monitors;

(v)

Six hundred thirty-eight thousand one hundred one dollars ($638,101.00) to the
Wyoming
state geological survey for identification of potential CO2 storage sites and EPA sequestration regulations.

(c)

The legislature authorizes the department of environmental quality to submit grant applications to the federal office of surface mining for distribution of a portion of funds specified in subsection (a) of this section to the
University
of
Wyoming
for the period ending June 30, 2012 for the following projects:

(i)

Seventeen million four hundred thousand dollars ($17,400,000.00) for operation of the school of energy resources;

(ii)

Forty-five million dollars ($45,000,000.00) to the school of energy resources for development of a subcommercial scale CO2 sequestration research and demonstration project. This appropriation is subject to the following:

(A)

The university's school of energy resources may expend funds under this appropriation so that the stratigraphic test well project funded in part by the 2009 appropriation for carbon storage is suitable for injection of carbon dioxide;

(B)

No other funds under this appropriation may be expended until the school of energy resources, with the approval of the energy resources council, provides the following to the joint minerals, business and economic development interim committee
, the joint agricultural, state and public lands and water resources interim committee
and the
joint appropriations interim committee
and provides them thirty (30) days for review and comment:

(I)

An evaluation of the feasibility of proceeding with the project based upon the data derived from the test well;

(II)

A draft plan for the development and operation of the project. The draft plan shall include an explanation of how carbon dioxide for the project will be secured and of how liability issues with regard to injection and storage will be addressed
and a plan for the beneficial use and treatment of produced water
;

(III)

A draft budget for the development and operation of the project over a period of time that is reasonable for the demonstration of monitoring, verification and accountability (MVA), including the extent to which commitments for nonstate resources to support development of the project have been secured. No appropriations subject to this subparagraph (B)
of this paragraph
shall be expended for the next phase of the project unless commitments of nonstate resources in an amount equal to the state resources to support each of the next phases of the project have been secured;

(IV)

A draft schedule for development.

(C)

By November 1, 2011, the school of energy resources shall provide the information required under subparagraph (B) of this paragraph to the
joint appropriations interim committee
and joint minerals, business and economic development interim committee. By November 1, 2010, the school of energy resources shall submit a progress report regarding the project to the
joint appropriations interim committee
and joint minerals, business and economic development interim committee
;

(D)

Any proceeds from the disposal of any state-owned project assets shall be separately accounted for and credited to the state general fund upon receipt.

(iii)

Six hundred sixty-six thousand dollars ($666,000.00) to the college of agriculture for the
Wyoming
reclamation and restoration center;

(iv)

Nine hundred eighty-five thousand dollars ($985,000.00) for a nuclear magnetic resonance (NMR) spectrometer;

(v)

Fourteen million dollars ($14,000,000.00) to the school of energy resources for clean coal technology research as recommended by the clean coal research task force pursuant to W.S. 21
‑
17
‑
121.

(d)

The department of environmental quality, in consultation with the University of Wyoming and with the approval of the governor, may substitute other University of Wyoming purposes in its grant applications under subsection (c) of this section but only as necessary to replace university block grant funds expended as necessary to satisfy requirements prohibiting the use of abandoned mine land funds to match federal funds or where the use of federal abandoned mine land funds would be impractical for projects pursuant to paragraphs (c)(i), (ii), (iii) and (v) of this section.

(e)

Except for funds subject to subsection (c)
or (f)
of this section, funds appropriated under this section shall be for the period beginning with the effective date of this section and ending June 30, 2012. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any unexpended, unobligated funds subject to:

(i)

Paragraph (c)(ii)
of this section
for CO2 sequestration research and demonstration shall not revert until June 30, 2014;

(ii)

Paragraph (c)(
v
)
of this section
for clean coal technology research shall not revert until June 30, 2014.

(f)

One hundred twenty thousand dollars ($120,000.00) is appropriated from AML funds available to the department of environmental quality to be used by the department to contract for a qualified engineer to assess damages to houses or other residential structures located in Sweetwater County alleged to be caused by dynamic compaction. These assessments shall be completed within sixty (60) days after the effective date of this subsection, or within such time as the engineer may reasonably require. In making any settlement offer for damages assessed under this subsection the attorney general shall consider the opinions of the qualified engineer as to whether the damages were caused by dynamic compaction, and the amount of damages so caused if the engineer assesses the amount of damages, and shall make all settlement offers within one hundred twenty (120) days of completion of the assessment. All settlements subject to this subsection may be funded from AML funds available to the department. This subsection is effective immediately.

[AML FUNDING
2009-2010 FISCAL BIENNIUM REVERSION DATE CHANGES-1
]

Section 32
1
.
2008 Wyoming Session Laws, Chapter 48, as amended by 2009 Wyoming Session Laws, Chapter 159, creating a new
S
ection 339(c)(vi), (d)
,
(e)(i) and (iv) is amended to read:

Section 339.

(c)

The legislature authorizes the department of environmental quality to submit grant applications to the federal office of surface mining for distribution of a portion of funds specified in subsection (a) of this section to the
University
of
Wyoming
for the period ending June 30, 2010 for the following projects:

(vi)

One million five hundred thousand dollars ($1,500,000.00) to the college of agriculture to provide initial funding for a proposed twenty million dollar ($20,000,000.00) endowment to fund the reclamation ecology project. These funds shall be deposited into a separate endowment account from which only the income from account funds shall be expended.
However,
the university may use these funds to match
substantial endowment g
ifts for
an endowment for the reclamation ecology project which gifts and matching funds shall be
administered in accordance with
W.S. 21
‑
16
‑
90
1 through 21
‑
16
‑
904.

(d)

The department of environmental quality, in consultation with the University of Wyoming and with the approval of the governor, may substitute other University of Wyoming purposes in its grant applications under subsection (c) of this section but only as necessary to replace university block grant funds expended as necessary to satisfy requirements prohibiting the use of abandoned mine land funds to match federal funds or where the use of federal abandoned mine land funds would be impractical for projects pursuant to paragraphs (c)
(i),
(ii), (iii), (iv), (v) and (vi) of this section.

(e)

Except for funds s
ubject to subsection (c) of this section, funds appropriated under this section shall be for the period beginning with the effective date of this section and ending June 30, 2010. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any unexpended, unobligated funds subject to:

(i)

Paragraph (c)(i) for the clean coal partnership project shall not revert until June 30,
2012
2014
;

(iv)

Paragraph (c)(iv) for CO2 sequestration research and demonstration shall not revert until June 30,
2012
2014
;

[AML FUNDING 2009-2010 FISCAL BIENNIUM REVERSION DATE CHANGES-2]

Section 3
2
2
.

This section is effective immediately.
2008 Wyoming Session Laws, Chapter 48, Section 320(e)
(i) and (ii), as amended by 2009
Wyoming Session Laws, Chapter
159
, Section 3
46
is amended
to

read:

Section 320.

(e)

Except for funds subject to paragraphs (a)(v), (vi) and (vii) and subsection (c) of this section, funds appropriated under this section shall be for the period beginning with the effective date of this section and ending June 30, 2009. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any unexpended unobligated funds subject to:

(i)

Paragraph (a)(v) for the school of energy resources shall not revert until June 30,
2010
2012
;

(ii)

Paragraph (a)(vi) for the high plains gasification facility and technology center shall not revert until June 30,
2012
2013
;

[CLEAN COAL PARTNERSHIP PROJECT]

Section 32
3
.

As a condition of the authorization to expend funds appropriated for the joint
UW/GE clean coal partnership project
, t
he
u
niversity shall
,
as soon as practicable
,
report to the governor, attorney general and joint appropriations interim committee any claim against the university or any of its employees or students for wrongful acts with regard to intellectual property of another, which claim is covered under insurance secured by the university regarding the
clean coal partnership project
.

[NCAR SUPERCOMPUTER - II]

Section 3
2
4
.

This section is effective immediately.
2007 Wyoming Session Laws, Chapter 136, Section 336(c)
(intro),
(i)
, (ii)
and (
e
) as amended by 2009 Wyoming Session Laws, Chapter 159, Section 343 is amended to read:

Section 336.

(c)

Subject to subsection (d) of this section, there is appropriated to the
Wyoming
business council to implement this section the amounts specified in this subsection beginning with the effective date of this act and ending June 30, 2008. Notwithstanding W.S. 9
‑
2
‑
407(a), any funds from this appropriation that are unobligated and unencumbered on June 30, 2008, shall not lapse and shall remain available until June 30,
2010
2013
. The following amounts are appropriated:

(i)

Twenty million dollars ($20,000,000.00) from the general fund. Of this appropriation, not to exceed
three million five hundred thousand dollars ($3,500,000.00)
four million two hundred fifty thousand dollars ($4,250,000.00)
is appropriated to the University of Wyoming but only to the extent that the university expends funds under its existing contract with NCAR for architectural and engineering services for the construction of the supercomputer center. Subsection (d) of this section does not apply to this appropriation.

(ii)

One million dollars ($1,000,000.00) from the general fund to fund the memorandum of understanding
through
in
fiscal year
2008
2011
. The university shall include a request for one million dollars ($1,000,000.00) annually in its 2009-2010 biennial budget request to continue to fund the memorandum of understanding, which appropriation shall be separate from the university's block grant.

(e)

Notwithstanding W.S. 9
‑
4
‑
207(a), 9
‑
2
‑
1008 and 9
‑
2
‑
1012(e), any funds from the appropriations under this section, including any transferred funds, that are unobligated and unencumbered on June 30, 2008, shall not lapse and shall remain available until June 30,
2010
2013
.

[
UNIVERSITY
OF
WYOMING
- CAPITAL CONSTRUCTION AMENDMENTS
REVISIONS TO PRIOR SESSION LAWS
]

Section 32
5
.

2006 Wyoming Session Laws, Chapter 35, Section 3, Section 067
,
as amended by 2007 Wyoming Session Laws, Chapter 136, Section 3, Section 067, footnote 3(a) and (b), as amended by 2008 Wyoming Session Laws, Chapter 48, Section 319, and footnote 2 to footnote 3(a), as amended by 2009 Wyoming Session Laws, Chapter 159, Section 344, is amended to read:

Section 319.

3. (a)

This general fund appropriation shall only be expended to provide the state match for the following projects in an amount not to exceed the amounts listed for each project:

Kendall
House – IENR $
1,100,000

859,070
Engineering Labs $2,000,000
Law School Moot Court $
2,250,000
2,247,380
School
of
Energy
Resources Facility
1

$
20,000,000
18,468,550
International

Center
$
1,750,000
1,500,000
Other Lab and Facilities
2

$
6,250,000
3,275,000
Natural History Center $10,000,000

2.

Of this appropriation, not to exceed one million four hundred thousand dollars ($1,400,000.00) may be expended by the university to purchase the south parking lot identified in the university's parking and transportation plan. Expenditures
to purchase the south lot property
pursuant to this footnote shall not exceed the appraised value of the property. This footnote should not be construed to restrict the university from utilizing other available funds to augment amounts expended pursuant to this footnote.
The university may expend funds available under this footnote to raze existing structures on the property and to render the resulting space suitable for parking.

(b)

The university shall
create a sinking fund for the purposes of operation and maintenance of facilities resulting from new construction built as a result of this appropriation. Funding for this sinking fund shall be from university sources and shall be in an amount equal to fifteen percent (15%) of the cost of new construction resulting from this appropriation
identify from university sources revenues sufficient to fund operations and maintenance of the School of Energy Resources facility and the Robert and Carol Berry Biodiversity Center, construction funding for both of which has been provided through private donations and state academic facilities matching funds. The university shall separately account for these revenues and expenditures and shall include in each biennial or supplemental budget request a report indicating the sources and amounts of revenues used and the expenditures for operations and maintenance for both these facilities during the preceding fiscal year
.

[ATHLETICS BRIDGE LOAN]

Section 32
6
.

2008 Wyoming Session Laws, Chapter 48,
S
ection 324(a) is amended to read:

Section 324.

(a)

The purpose of this section is to authorize the university to receive a bridge loan from the corpus of the
University
of
Wyoming
permanent land fund account for the purpose of proceeding with construction of the remainder of the previous legislatively approved athletics facilities plan.

The state treasurer shall invest funds in the University of Wyoming permanent land fund account in a bridge loan to the University of Wyoming which shall not exceed a total of four million three hundred thousand dollars ($4,300,000.00) or the amount of binding commitments from donors which have been secured but not yet paid, whichever is less. The loan made under this section shall be repaid not later than December 31, 2011, and the unpaid balance of the loan shall bear interest at
five and thirty-five hundredths percent (5.35%)
four and five
-
tenths percent (4.5%)
annually.

[DISTANCE EDUCATION]

Section 32
7
.

(a)

There is created a center for distance learning and technology. The center shall use technology and other instructional strategies to enhance the effectiveness of existing distance learning programs offered by
Wyoming
institutions of higher education and the public schools and develop new techniques to support a modern, nonduplicative statewide system of effective distance education to serve
Wyoming
's citizens.

This system shall be designed to accommodate distance education needs in
Wyoming
for training and professional education that is delivered by
Wyoming
school districts,
Wyoming
community colleges, the
U
niversity
of
Wyoming
and other entities.
No funds appropriated under this section shall be expended for telecommunications equipment or telecommunications services without a competitive sealed bidding process.

(b)

A distance learning council consisting of thirteen (13) members, experienced in the use, applications or administration of distance learning, shall provide advice to the
g
overnor's task force on distance education, video teleconferencing and IP based communications, established in
November
2008, on the programs provided through the center.

Members of the council shall be appointed by the governor as follows:

(i)

Three (3) members representing K-12 education in
Wyoming
;

(ii)

Three (3) members representing
Wyoming
community colleges;

(iii)

Three (3) members representing the
U
niversity
of
Wyoming
;

(iv)

Three (3) members representing other users of distance education, including but not limited to businesses, professional organizations and telehealth;

(v)

One (1) member from another state agency.

(c)

The governor shall designate a chair and vice-chair of the council from among the appointees.

Appointments shall be for terms which expire on June 30, 2012.

Members shall not receive a salary.

Members who are not employees of state government or another entity of
Wyoming
government shall receive reimbursement for mileage and travel expenses incurred in attending meetings of the council in the same manner and amount as employees of the university.

(d)

The task force shall hire a director
with the approval of the governor
and other staff for the center and shall approve the budget to operate the center and its programs.

Informed by its 2009 report on distance education and video conferencing, the task force shall establish, implement, and modify, as necessary, plans for operation of the center.

(e)

Not later than November 1, 2010, and November 1, 2011, the task force shall report to the governor and the
joint appropriations interim committee
regarding progress of the center and expenditures of appropriations authorized under this section. The November 1, 2011, report shall include a budget recommendation for the 2013-2014
fiscal
biennium.

(f)

The
U
niversity
of
Wyoming
shall provide administrative support to the council, including fiscal administration of the appropriation.

The
U
niversity
of
Wyoming
shall provide physical space for the center.

(g)

There is appropriated to the
U
niversity
of
Wyoming
from the general fund
two
million
five hundred thousand
dollars ($
2
,
5
00,000.00) subject to the following:

(i)

This appropriation shall not be included in the
u
niversity's block grant;

(ii)

The
u
niversity shall separately account for this appropriation and shall expend it only subject to the direction of the
task force
;

(iii)

Of this amount, not more than one million dollars ($1,000,000.00) shall be expended or obligated prior to June 30, 2010
;

(iv)

Of this appropriation, one million five hundred thousand dollars ($1,500,000.00) shall only be available for expenditure upon approval of the governor for purposes specified in this section.

(h)

One million dollars ($1,000,000.00) of the appropriations in this section is effective immediately as provided in paragraph (g)(iii). The remaining appropriations under this section shall be effective July 1, 2010. The balance of t
his section is effective immediately.

[STATEWIDE VIDEO CONFERENCING]

Section 3
28
.

(a)

During the period commencing March 15, 2010, through June 30, 2012, the state video task force appointed by the governor shall establish an effective state video conference capability that is technologically robust, expands video conferencing service capabilities and minimizes duplication among state agencies and government entities.

The task force shall provide a progress report, to the governor and
joint appropriations interim committee
prior to the 2011 legislative session, and a subsequent report to the governor and the legislature not later than September 1, 2011.

(b)

If the governor finds that satisfactory progress is being made toward implementation of an effective state video conference capability, the governor may approve expenditures from the appropriation under paragraph (c)(i) of this section to complete implementation of and provide for the operation of the system under the direction of the task force during the fiscal year commencing July 1, 201
1
.

Prior to the expenditure of funds in paragraph (c)(i), the task force shall provide a report to the governor and joint appropriations
interim
committee not later than
January
1, 2011 specifying:

(i)

The progress toward full implementation of a state video conference capability that is technologically robust, expands video conferencing service capabilities and minimizes duplication among state agencies and government entities; and

(ii)

A proposed budget for operating the state video conference capability for the period commencing July 1, 2011 and ending June 30, 2012 as well as the biennial budget period commencing July 1, 2012.

(c)

There is appropriated from the general fund to the
U
niversity of
Wyoming
one million seven hundred forty-seven thousand dollars ($1,747,000.00) to be expended

only
as follows:

(i)

One million dollars ($1,000,000.00) upon approval of the governor for the purposes specified in subsection (b) of this section
. No funds under this paragraph for the purchase or lease of telecommunications equipment or telecommunications services shall be expended without a competitive sealed bidding process
;

(ii)

Four hundred eighty-five thousand dollars ($485,000.00) shall be available for expenditure of which one hundred fifty thousand dollars ($150,000.00) shall be effective immediately to provide funding for a statewide video conferencing coordinator and video support.

The remaining three hundred thirty-five thousand dollars ($335,000.00) shall be available for a video conferencing coordinator and video conferencing support for the period July 1, 2010 to June 30, 2012;

(iii)

Two hundred sixty-two thousand dollars ($262,000.00) shall be expended to sustain the operations of the
Wyoming
video conferencing system, under the direction of the department of administration and information during the period July 1, 2010 and June 30, 2011;

(iv)

These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2012, shall revert according to law; and

(v)

These funds are subject to the following:

(A)

This appropriation shall not be included in the university's block grant;

(B)

The university shall separately account for this appropriation and shall expend it only subject to review and direction of the task force.

(d)

One hundred fifty thousand dollars ($150,000.00) of the appropriations in this section is effective immediately as provided in paragraph (c)(ii). The remaining appropriations under this section shall be effective July 1, 2010. The balance of t
his section is effective immediately.

[AMERICAN RECOVERY AND REINVESTMENT ACT]

Section 3
29
.

(a)

Funds provided to the state pursuant to the American Recovery and Reinvestment Act of 2009, and any subsequent related economic stimulus federal legislation, shal
l be subject to the following:

(i)

Funds provided directly or indirectly to a state agency shall only be expended in accordance with the requirements of the B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii). These funds shall not be included in any agency's 2013-2014 standard biennial budget request;

(ii)

All other funds provided to the state, or to be provided to political subdivisions or other entities through the state or a state agency, may be distributed for expenditure as provided in the
legislation
only upon approval of the governor;

(iii)

All funds received by the state from the federal government under the
legislation
which are not expended pursuant to paragraph
(a)
(i) or (ii)
and which may be retained by the state
shall be deposited into a legislative economic stimulus account.

(b)

The governor shall promptly report to the joint appropriations interim committee and the management council all funds made available to the state under the act, specifying:

(i)

All funds subject to expenditure or distribution pursuant to paragraph (a)(i) of this section;

(ii)

All funds subject to expenditure or distribution pursuant to paragraph (a)(ii) of this section;

(iii)

For any funds not subject to expenditure or distribution under paragraph (a)(i) or (ii) of this section, the purposes for which funds are made available, requirements for expenditure, the date by which the funds must be expended and any condition the governor recommends be imposed upon any expenditure.

(c)

Each city, town or county in this state receiving funds under the act directly from the federal government shall report on or before December 1, 2010 to the governor and the joint appropriations interim committee all funds received under the act which were not reported pursuant to subsection (b) of this section.

(d)

As used in this section:

(i)

"Act" means the federal American Recovery and Reinvestment Act of 2009, or any subsequent related economic stimulus federal legislation which allocates additional federal stimulus funding to state or local governments;

(ii)

"State agency" means the state of Wyoming or any of its branches, agencies, authorities, departments, boards, commissions, councils, instrumentalities, office, separate operating agencies or units, or institutions, including the university and community colleges.

[PUBLIC LIBRARY ENDOWMENT CHALLENGE FUND]

Section 33
0
.

There is appropriated from the general fund to the public library endowment challenge fund created under W.S. 18
‑
7
‑
201 et seq., three million dollars ($3,000,000.00) to be deposited, invested, distributed and expended in accordance with W.S. 18
‑
7
‑
201 through 18
‑
7
‑
205.

Any unexpended, unobligated

funds from the amounts appropriated under this section existing in the challenge fund on June 30, 2015 shall revert according to law.

[
WY
OMING
PIPELINE AUTHORITY

-

BUDGET AUTHORIZATION]
Section 3
31
.

(a)

There is appropriated from the general fund to the
Wyoming
pipeline authority,
one million two hundred six thousand nine hundred twenty-eight dollars (
$1,206,928
.00)
for operating expenses of the authority, including expenses for staff hired by the authority.

(b)

The legislature hereby declares existing loan balances from loans made to the Wyoming pipeline authority pursuant to 2003 Wyoming Session Laws,
C
hapter 171,
S
ection 4; 2004 Wyoming Session Laws,
C
hapter 83,
S
ection 3; 2004 Wyoming Session Laws,
C
hapter 95,
S
ection 321; 2006 Wyoming Session Laws,
C
hapter 35,
S
ection 304; 2008 Wyoming Session Laws,
C
hapter 48,
S
ection 304, to be uncollectible and such
loans
shall be discharged and extinguished as an asset or account receivable of the state.

(c)

Notwithstanding any provision of W.S. 37
‑
5
‑
101 through 37
‑
5
‑
208, commencing July 1, 2010, the authority shall not:

(i)

Undertake any activity which would be engaging in a work of internal improvement under Wyoming Constitution Article 16,
S
ection 6;

(ii)

Encumber, obligate or expend any funds remaining from monies loaned to the authority under the provisions of any of the session laws specified in subsection (b) of this section.

(d)

The joint minerals, business and economic development committee shall review the
Wyoming
pipeline authority created by W.S. 37
‑
5
‑
101(a) and determine the appropriate means to transition the authority from a body corporate operating as a state instrumentality to a state agency.

The committee shall develop legislation for introduction in the 2011 general and budget session as necessary to do so.

[
WY
OMING
INFRASTRUCTURE AUTHORITY

-

BUDGET AUTHORIZATION]

Section 3
32
.

(a)

There is appropriated from the general fund to the
Wyoming
infrastructure authority,
one million six hundred ninety-five thousand five hundred sixty-five dollars (
$1,695,565
.00)
for operating expenses of the authority, including expenses for staff hired by the authority.

(b)

The legislature hereby declares existing loan balances from loans made to the Wyoming infrastructure authority pursuant to 2004 Wyoming Session Laws,
C
hapter 84,
S
ection 4; 2005 Wyoming Session Laws,
C
hapter 191,
S
ection 329; 2006 Wyoming Session Laws,
C
hapter 35,
S
ection 305; 2008 Wyoming Session Laws,
C
hapter 48,
S
ection 305, to be uncollectible and such
loans
shall be discharged and extinguished as an asset or account receivable of the state.

(c)

Notwithstanding any provision of W.S. 37
‑
5
‑
301 through 37
‑
5
‑
408, commencing July 1, 2010, the authority shall not:

(i)

Undertake any activity which would be engaging in a work of internal improvement under Wyoming Constitution Article 16,
S
ection 6;

(ii)

Encumber, obligate or expend any funds remaining from monies loaned to the authority under the provisions of any of the session laws specified in subsection (b) of this section.

(d)

The joint minerals, business and economic development committee shall review the
Wyoming
infrastructure authority created by W.S. 37
‑
5
‑
301(a) and determine the appropriate means to transition the authority from a body corporate operating as a state instrumentality to a state agency.

The committee shall develop legislation for introduction in the 2011 general and budget session as necessary to do so.

[SCHOOL CAPITAL CONSTRUCTION]

Section 3
33
.

(a)

From amounts previously appropriated from the school capital construction account before the effective date of this section, the school facilities commission shall prior to July 1, 2010, expend
or encumber
up to eleven million seven hundred fifteen thousand nine hundred twelve dollars ($11,715,912.00) for the following projects at the prescribed maximum amounts:

Planning Projects for the 2009-10 Biennium
Needs

Index

School

Maximum
Priority

District

Project

Amount
14

Laramie
#1

Elementary School

$ 50,000
19

Laramie
#1

Elementary School

$ 50,000
22

Fremont
#1

Elementary School

$ 50,000
24

Crook #1

Elementary School

$ 50,000
37

Uinta #1

Middle School

$ 50,000
160

Carbon #2

Elementary School

$ 50,000
Total

$300,000

Design Projects for the 2009-10 Biennium
Needs

Index

School

Maximum
Priority

District

Project

Amount
1

Uinta #4

Middle School

$ 750,551
8

Campbell
#1

Alternative High School

$ 410,000
14

Laramie
#1

Elementary School

$1,019,146
19

Laramie
#1

Elementary School

$ 680,799
22

Fremont
#1

Elementary School

$ 153,009
24

Crook #1

Elementary School

$1,000,000
27

Sheridan
#2

Elementary School

$ 773,183

Total

$4,786,688

Component Level Projects for the 2009-10 Biennium

Needs
Index

School

Maximum
Priority

District

Project

Description

Amount
43

Sweetwater #2

Elementary School

Demolition

$ 180,000
72

Big Horn #2

High School

Paving

$ 350,000
72

Big Horn #2

High School

Mechanical work

$1,500,000
92

Lincoln
#2

Middle School

Bus drop off

$ 120,000
102

Goshen
#1

High School

Fire
Marshall
issues

$3,300,000
113

Fremont
#25

Administration Building

Partial demolition

$ 121,224
113

Fremont
#25

Administration Building

Site work

$ 150,000
134

Fremont
#25

Elementary School

Bus drop off

$ 150,000

Total

$5,871,224

Land Acquisitions for the 2009-10 Biennium

Needs

Index

School

Maximum
Priority

District

Project

Amount
324

Johnson #1

Future Elementary School

$ 428,000
N/A

Campbell
#1

Future Elementary School

$ 330,000

Total

$ 758
,000

(b)

The following amounts are appropriated from the school capital construction account to the school facilities commission for the 2011
‑
2012 fiscal biennium and for the purposes specified:

(i)

Up to one hundred thirty-three million one hundred eighty-one thousand seven hundred seven dollars ($133,181,707.00) for the following school capital construction projects, subject to the prescribed maximum amounts:
Needs

Index

School

Maximum
Priority

District

Project

Amount
1

Uinta #4

Middle School

$
24,597,284
3

Uinta #1

Alternative High School

$

4,758,000
9

Sublette #9

Elementary School

$ 10,431,000
12

Natrona #1

Elementary School

$ 9,857,444
14

Laramie
#1

Elementary School

$ 15,028,875
19

Laramie
#1

Elementary School

$ 10,568,250
21

Lincoln
#1

Phase 1 of 3
phases
for a High School

$ 5,490,000
22

Fremont
#1

Elementary School

$ 15,910,854
25

Natrona #1

Phase 1 of 3
phases f
or a High School

$ 7,320,000
25

Natrona #1

Phase 1 of 3
phases
for a High School

$ 7,320,000

27

Sheridan
#2

Elementary School

$ 11,490,790
30

Park #1

Westside

Elementary School

$ 11,411,355

Total

$1
34
,
1
8
3
,
852

(ii)

Up to eighteen million dollars ($18,000,000.00) for school component level projects, to include the following projects subject to the prescribed maximum amounts:
Needs

Index

School

Maximum
Priority

District

Project

Description

Amount
8

Campbell
#1

Alternative Hig
h School

Building improvements

$ 8,197
45

Park #16

K-12 School

Renovation

$ 5,300,000
47

Campbell
#1

Elementary School

Media center, KG classroom,

& HVAC upgrade

$ 1,643,000
50

Fremont
#2

High School

HS gym wall repair

$ 200,000
121

Park #1

Middle School

Kitchen & MS Cafeteria

Addition

$ 3,848,281
138

Campbell
#1

Elementary School

KG classroom & HVAC upgrade

$ 810,000
151

Campbell
#1

Elementary School

KG classroom & HVAC upgrade

$ 1,350,000
171

Uinta #1

High School

Roof replacement

$ 1,800,000
211

Albany
#1

Elementary School

Classroom addition

$ 644,531
224

Fremont
#2

Elementary/Middle School Roof and HVAC

$ 1,310,000

Total

$16,914,009

(c)

If the maximum amounts appropriated under subsection (b) of this section are not sufficient to complete a specified project:

(i)

Any appropriation for a lower priority project under paragraph (b)(i) of this section and any excess amount for a completed higher priority project under that paragraph may be expended by the school facilities commission as necessary to complete the underfunded project, and likewise for projects authorized under paragraph (b)(ii) of this section within amounts appropriated under that paragraph;

(ii)

Any funds appropriated under paragraph (b)(i) of this section may be used to complete any project under that paragraph as long as no higher priority project has been identified, based upon estimates, as being underfunded, and likewise for projects authorized under paragraph (b)(ii) of this section for amounts appropriated under that paragraph;

(iii)

The school facilities commission may expend amounts
reappro
priated to the capital construction account under paragraph
(
g
)(
ii) of this section to the extent
necessary to fund those projects authorized under subsection (b) of this section;

(iv)

Except as otherwise specified in this section, expenditures under this section shall be in the order of priority as
specified in the July 2009 facility needs assessment conducted by the commission under W.S. 21
‑
15
‑
115(b)
.

(d)

The school facilities commission may obligate and encumber amounts
reappro
priated under paragraph
(
g
)(
ii) of this section to fund capital construction projects which are in addition to and for which funds are not appropriated under subsection (b) of this section.

Expenditures under this subsection
shall be for the 2011
‑
2012 fiscal biennium and
are subject to the following:

(i)

An expenditure shall not be made under this subsection if any capital construction or component level project authorized under subsection (b) of this section has been identified, based upon estimates, as underfunded;

(ii)

The total amount expended under this subsection
and paragraph (c)(iii) of this section
, including amounts appropriated under subsection (b) of this section, shall not exceed one hundred eighty-one million four hundred thirty-eight thousand ninety-three dollars ($181,438,093.00), as computed by applying an eight and five-tenths percent (8.5%) reduction to the total cost estimated by the commission for each project included in its 2009 annual report to the governor and select school facilities committee submitted pursuant to W.S. 21
‑
15
‑
121 on September 1, 2009;

(iii)

Expenditures shall
be prioritized in accordance with paragraph (c)(iv) of this section and
include the following capital construction projects in addition to those projects authorized under paragraph (b)(i) of this section:

Needs

Index

School

Maximum
Priority

District

Project

Amount
35

Sweetwater #1

New 5-6 Elementary School

$ 14,311,039
40

Campbell
#1

Lakeview Elementary School

$ 14,943,202

Total

$
29
,
254
,
241

(iv)

If, after conditions specified under paragraph (i) of this subsection have been met, the amount
reappro
priated under paragraph
(
g
)
(ii) of this section is not sufficient to complete a project as estimated subsequent to encumbrances for that project under this subsection,
the authority to reallocate funds under
paragraphs (c)(i) and (ii) shall apply subject to the expenditure threshold prescribed under paragraph (ii) of this subsection
.

(e)

Subject to paragraph
(d)(ii)
of this section, expenditures may fund any unanticipated and emergency need of any district building, as determined by the commission and for which district major maintenance funds are insufficient.
Expenditures under this subsection shall be reported by the commission to the select school facilities committee within the monthly report required under subsection (h) of this section.

(
f)

This section shall not prohibit the commission from obligating and otherwise encumbering funds for any project authorized under subsection (b) of this section prior to obligating and encumbering funds for a higher priority project if funds are capable of being obligated to that lower priority project in advance of commitment of funds to the higher priority project, provided the obligation of funds does not reduce or otherwise expend any amounts appropriated to the higher priority project except as provided under subsection (c) of this section.

This subsection also applies to the extent funds are obligated and otherwise encumbered for any project under subsection (d) of this section.

(g)

Notwithstanding W.S. 21
‑
15
‑
122(a), amounts that were to be deposited into the common school permanent land fund on June 30, 2010 pursuant to that subsection, shall not be deposited in accordance with W.S. 21
‑
15
‑
122(a). Those funds and other funds within the school capital construction account shall be subject to the following from the effective date of this section through June 30, 2012:

(i)

An amount necessary to restore the balance within the school foundation program account to an amount equal to forty million dollars ($40,000,000.00) on June 30, 2012, shall be deposited into the school foundation program account;

(ii)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any unexpended, unobligated previously appropriated funds remaining within the school capital construction account as of June 30, 2010, shall not revert on June 30, 2010, and any other amounts which would revert to the school capital construction account pursuant to law during the 2011
‑
2012 fiscal biennium, are hereby reappropriated for purposes of subsection
s
(b) through (d) of this section for the period commencing July 1, 2010, and ending June 30, 2012;

(iii)

Any unappropriated, unexpended, unobligated funds within the school capital construction account, following reduction for the amounts appropriated from the account pursuant to this section and amounts deposited into the school foundation program account under paragraph (i) of this subsection, shall be continuously deposited into a common school permanent land fund holding account from the effective date of this section through the period ending June 30, 2012. Amounts within the holding account shall on June 30, 2012, be transferred to the common school permanent land fund as provided for funds within the school capital construction account under W.S. 21
‑
15
‑
122(a)(ii).

(h)

The school facilities commission shall report monthly to the select school facilities committee in a matrix format depicting all capital construction projects and component level projects which have encumbered funds pursuant to this section. For each project, the monthly matrix report shall provide the total amount encumbered, the total amount expended, the total amount unexpended and the total unexpended amount for that project which are expended for other projects.

(j)

In addition to subsection (h) of this section and on or before May 1, 2010, the school facilities commission shall hold a public hearing in Big Horn,
Wyoming
, for purposes of addressing maintenance and construction options for the
Sheridan
county school district no. 1 elementary school facility at Big Horn,
Wyoming
. The commission shall report to the select school facilities committee and the joint appropriations committee on recommendations for remedial action necessary to address the adequacy needs of this facility.

(k)

In addition to amounts appropriated under subsection (a) of this section, three million six hundred eleven thousand seven hundred fifty-five dollars ($3,611,755.00) is appropriated to the school facilities commission from amounts previously appropriated to the commission from the school capital construction account before the effective date of this section. Following completion of the public hearing and reporting to the select school facilities committee and the joint appropriations committee as required under subsection (j) of this section, and upon approval by the governor, the appropriation under this subsection shall be expended by the commission to correct the state's incomplete remediation of the Big Horn middle and high school facilities in Sheridan county school district no. 1, in order to avoid jeopardizing the occupancy of the newly constructed portion of this facility. This appropriation shall be combined with five million one hundred twenty-eight thousand nine hundred thirty-two dollars ($5,128,932.00), as estimated by the commission on February 22, 2010, to be unexpended and unencumbered from allocated amounts for this remedy following completion of prior phases of this project, to fund completion of the facility remedy correction as directed by this subsection.

(m)

This section is effective immediately.
[SCHOOL FINANCE RECALIBRATION]

Section 33
4
.

(a)

The select committee on school finance recalibration is created consisting of the following members:

(i)

Not more than
six (6)
members of the Wyoming senate appointed by the president of the senate, one (1) of whom shall be the chairman of the senate education committee, one (1) shall be the chairman or vice-chairman of the select committee on school facilities and one (1) shall be the chairman of the senate appropriations committee;

(ii)

A number of members of the Wyoming house of representatives equal to the number of Wyoming senators appointed under paragraph (i) of this subsection not to exceed a total of
six (6) house members, appointed by the speaker of the house of representatives with one (1) member to be the chairman of the house education committee, one (1) to be the chairman or vice-chairman of the select committee on school facilities and one (1) to be the chairman of the house appropriations committee;

(iii)

At least two (2) members from each house shall be from the minority party;

(iv)

Except for the chairman of the house and senate education committees, the president of the senate and the speaker of the house may upon request, appoint a designee of any committee chairman or vice-chairman comprising the select committee appointments under this subsection.

(b)

The chairman of the senate education committee and the chairman of the house education committee shall serve as the cochairmen of the select committee.

The select committee shall undertake a study to recalibrate the education resource block grant model as required under W.S. 21
‑
13
‑
309(t) to determine if modifications are necessary to ensure the model remains effective and cost-based in light of changing conditions and modifications to law.
Recalibration shall be based upon maintaining a block grant model that meets the diverse needs and potentials of students and sustains and promotes excellence in educational achievement, facilitating access to higher education or furthering the development of career-technical skills.

In conducting its work, the select committee shall encourage the active participation of parents, educators, district school board members, businesses, taxpayers and foundations, members of the state board of education and state agency personnel. The department of education, school districts and the school data advisory committee established under W.S. 21-2-203 shall collect and provide the information requested by the committee. The recalibration study shall include, but is not limited to, the following activities:

(i)

Review the components of the educational model, using demonstrated results or research-based studies, to assess the effectiveness of the components in supporting quality education and determine if any component should be eliminated, added, modified or maintained;

(ii)

Evaluate
school districts'
divergence
from the educational model and assess the effects of the divergence on a cost-based quality education;

(iii)

Review recommendations from teachers

and administrators
regarding effective instruction and the ability of teachers to convey effective instruction given their clerical, testing and administrative duties
;

(iv)

Determine
:

(A)

T
he costs of model components
;

(B)

W
hether the present level of funding is adequate and appropriate
in meeting intended goals;
and

(C)

T
he best means of providing funds to school districts to
provide
quality educatio
n.

(v)

Consider the extent that federal funds may be applied towards the state’s funding obligations
;

(vi)

Review methods of assessment of student achievement under the current model and recommend student assessment policies and procedures in the recalibrated system of education
.

(c)

The select committee shall report its recommendations and any associated legislation to the legislature in time for consideration during the 2011 general session. The select committee may introduce legislation as other
committees of the legislature.

(
d
)

Appointments shall be made under this
section
not later than March 15, 2010.

Members shall serve on the select committee through the 2011 general session.

Any vacancy occurring on the select committee shall be filled by the president or speaker, as appropriate, prior to the commencement of the 2011 general session.

(
e
)

For the period beginning on the effective date of this section and ending June 30, 2011, there is appropriated from the school foundation program account to the legislative service office fifty thousand dollars ($50,000.00) to fund necessary expenses of the select committee as necessary to carry out this section.

(
f
)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any unexpended, unobligated monies appropriated from the school foundation program account to the attorney general under 2008 Wyoming Session Laws, Chapter 48, Section 2, Section 015, for purposes of the school finance litigation law office, shall to the extent necessary to fund the amounts
reappro
priated under this subsection, not revert on June 30, 2010.

The following amounts are hereby
reappro
priated from these funds as follows:

(i)

To the department of education, up to three hundred fifty thousand dollars ($350,000.00) is appropriated for, and the department is authorized, two (2) at-will positions in accordance with W.S. 9
‑
2
‑
1022(a)(xi)(F), for the period commencing on the effective date of this section and ending June 30, 2011.

These positions shall support school finance data collection and analysis in the recalibration of the block grant funding model, as necessary to support the school finance recalibration committee established under subsection (a) of this section.

In expending this appropriation, the department shall fill both at-will positions by no later than May 15, 2010; and

(ii)

To the legislative service office, an amount up to one million five hundred thousand dollars ($1,500,000.00) is appropriated for the period beginning on the effective date of this section and ending June 30, 2012, for professional consulting expertise and other support necessary to support the work of the select school finance recalibration committee established under subsection (a) of this section.

Funds appropriated under this paragraph shall be expended in accordance with contractual agreement entered into between the management council and professional consultants.

(
g
)

This section is effective immediately.

[LOCAL GOVERNMENT DISTRIBUTIONS]

Section 3
35
.

(a)

From funds within the permanent

Wyoming
mineral trust fund reserve account which, except for section 3
01
of this act, would be deposited to the

permanent
Wyoming
mineral trust
fund
pursuant to W.S. 9
‑
4
‑
719(b) on June 30, 2010, there is appropriated twenty million dollars ($20,000,000.00) and from the general fund there is appropriated
sixty-seven million four hundred fifty-six thousand five hundred sixty dollars ($67,456,560.00)
to the office of state lands and investments to be allocated pursuant to the following and as further provided in this section:

(i)

Two-thirds (2/3) of eighty-nine percent (89%) of the total amount appropriated, for direct distribution to cities and towns;

(ii)

One-third (1/3) of eighty-nine percent (89%) of the total amount appropriated, for direct distribution to counties;

(iii)

Five and one-half percent (5.5%) of the total amount appropriated, for distribution to revenue challenged cities and towns;

(iv)

Five and one-half percent (5.5%) of the total amount appropriated, for distribution to revenue challenged counties.

[CITY AND TOWN DIRECT DISTRIBUTION ALLOCATIONS]

(b)

Funds appropriated in paragraph (a)(i) of this section are to be distributed to cities and towns in two (2) equal distributions on August 15, 2010 and on August 15, 2011, subject to the following:

(i)

From these distributions each city or town with a population of thirty-five (35) or less shall first receive five thousand dollars ($5,000.00) and each city or town with a population over thirty-five (35) shall first receive ten thousand dollars ($10,000.00). From the remainder each city and town shall receive amounts in accordance with a municipal supplemental funding formula as provided in this paragraph with each city or town receiving amounts in the proportion which the adjusted population of the city or town bears to the adjusted population of all cities and towns in
Wyoming
. The municipal supplemental funding formula shall be calculated by the office of state lands and investments as follows:

(A)

Calculate the per capita distribution of sales and use tax revenues for the fiscal year beginning July 1, 2008 and ending June 30, 2009 to each county, including distributions to each city and town within that county, under W.S. 39
‑
15
‑
111 and 39
‑
16
‑
111, but excluding the distribution exclusively to counties under W.S. 39
‑
15
‑
111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39
‑
15
‑
104, and excluding the distribution exclusively to counties under W.S. 39
‑
16
‑
111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39
‑
16
‑
104;

(B)

Arrange the counties in ascending order by the per capita distribution calculated;

(C)

Following the arrangement of counties in subparagraph (B) of this paragraph, list the population of each city and town within the county;

(D)

Apply the appropriate adjustment factor determined in subdivisions (I) through (V) of this subparagraph for a county to each city and town within that county:

(I)

Beginning with the county with the lowest per capita distribution, an adjustment factor of one and one-half (1.5) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution is within the lowest tenth percentile. The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred fifty percent (150%);

(II)

An adjustment factor determined under this subdivision shall be applied to the county with the next higher per capita distribution not qualifying for the adjustment factor under subdivision (I) of this subparagraph. The adjustment factor for this county shall be determined by:

(1)

Multiplying by one hundred fifty percent (150%) that portion of the incorporated population of that county which is within the lowest tenth percentile;

(2)

Multiplying by one hundred twenty-five percent (125%) the incorporated population of that county which is within the lowest twentieth percentile and at or above the tenth percentile;

(3)

If applicable, multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the twentieth percentile;

(4)

Dividing the sum of the products of subdivisions (II)(1) through (3) of this subparagraph by the incorporated population of that county.

(III)

If an adjustment factor has not been applied under subdivision (I) or (II) of this subparagraph, an adjustment factor of one and one-quarter (1.25) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution does not exceed the twentieth percentile. The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred twenty-five percent (125%);

(IV)

An adjustment factor determined under this subdivision shall be applied to the next higher listed county not qualifying for the adjustment factor under subdivision (III) of this subparagraph. The adjustment factor for this county shall be determined by:

(1)

Multiplying by one hundred twenty-five percent (125%) that portion of the incorporated population of that county which is within the lowest twentieth percentile;

(2)

Multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the lowest twentieth percentile;

(3)

Dividing the sum of the products of subdivisions (IV)(1) and (2) of this subparagraph by the incorporated population of that county.

(V)

An adjustment factor of one (1) shall be applied to the remaining counties.

(E)

Distribute the remainder of the revenues under this paragraph on a per capita basis using the total adjusted population for all cities and towns and the adjusted population for each city or town as calculated under subparagraph (D) of this paragraph;

(F)

As used in this paragraph:

(I)

A county's "incorporated population" means the population of all cities and towns within the county;

(II)

"Percentile" means that portion of the incorporated population as listed in the arrangement of cities and towns under subparagraphs (B) and (C) of this paragraph.

[COUNTY DIRECT DISTRIBUTION ALLOCATIONS]

(c)

Funds appropriated in paragraph (a)(ii) of this section are to be distributed to counties in two (2) equal distributions on August 15, 2010 and on August 15, 2011. From these distributions each county shall receive the following:

(i)

An equal share of fifteen percent (15%) of the total amount to be distributed; and

(ii)

Of the remaining eighty-five percent (85%), an amount to be distributed to each county in the proportion each county's population bears to the total population of the state.

[CITY AND TOWN REVENUE CHALLENGED ALLOCATIONS]

(d)

Funds appropriated in paragraph (a)(iii) of this section are to be distributed to eligible cities and towns in two (2) equal distributions on August 15, 2010 and on August 15, 2011, subject to the following:

(i)

Each eligible city and town shall receive amounts in accordance with a municipal supplemental funding formula as provided in this paragraph. The municipal supplemental funding formula shall be calculated by the office of state lands and investments as follows:

(A)

Calculate the per capita distribution of sales and use tax revenues for the period beginning July 1, 2008 and ending June 30, 2009 to each county, including distributions to each city and town within that county, under W.S. 39
‑
15
‑
111 and 39
‑
16
‑
111, but excluding the distribution exclusively to counties under W.S. 39
‑
15
‑
111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39
‑
15
‑
104, and excluding the distribution exclusively to counties under W.S. 39
‑
16
‑
111(b)(iii) made from an amount equivalent to one percent (1%) of the tax collected under W.S. 39
‑
16
‑
104;

(B)

Arrange the counties in ascending order by the per capita distribution calculated;

(C)

Following the arrangement of counties in subparagraph (B) of this paragraph, list the population of each city and town within the county;

(D)

Apply the appropriate adjustment factor determined in subdivisions (I) through (V) of this subparagraph for a county to each city and town within that county:

(I)

Beginning with the county with the lowest per capita

distribution, an adjustment factor of one and one-half (1.5) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution is within the lowest tenth percentile. The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred fifty percent (150%);

(II)

An adjustment factor determined under this subdivision shall be applied to the county with the next higher per capita distribution not qualifying for the adjustment factor under subdivision (I) of this subparagraph. The adjustment factor for this county shall be determined by:

(1)

Multiplying by one hundred fifty percent (150%) that portion of the incorporated population of that county which is within the lowest tenth percentile;

(2)

Multiplying by one hundred twenty-five percent (125%) the incorporated population of that county which is within the lowest twentieth percentile and at or above the tenth percentile;

(3)

If applicable, multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the twentieth percentile;

(4)

Dividing the sum of the products of subdivisions (II)(1) through (3) of this subparagraph by the incorporated population of that county.

(III)

If an adjustment factor has not been applied under

subdivision (I) or (II) of this subparagraph, an adjustment factor of one and one-quarter (1.25) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution does not exceed the twentieth percentile. The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred twenty-five percent (125%);

(IV)

An adjustment factor determined under this subdivision shall be applied to the next higher listed county not qualifying for the adjustment factor under subdivision (III) of this subparagraph. The adjustment factor for this county shall be determined by:

(1)

Multiplying by one hundred twenty-five percent (125%) that portion of the incorporated population of that county which is within the lowest twentieth percentile;

(2)

Multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the lowest twentieth percentile;

(3)

Dividing the sum of the products of subdivisions (IV)(1) and (2) of this subparagraph by the incorporated population of that county.

(V)

An adjustment factor of one (1) shall be applied to the remaining counties.

(E)

From the adjusted population of a city or town as calculated in subparagraphs (A) through (D) of this paragraph, subtract the actual population of the city or town to determine the resulting population adjustment. Distribute the funding under this paragraph in the proportion which the population adjustment of the city or town bears to the population adjustments of all cities and towns in Wyoming as calculated under subparagraph (D) of this paragraph;

(F)

As used in this paragraph:

(I)

A county's "incorporated population" means the population of all cities and towns within the county;

(II)

"Percentile" means that portion of the incorporated population as listed in the arrangement of cities and towns under subparagraphs (B) and (C) of this paragraph.

[
COUNTY

REVENUE
CHALLENGED ALLOCATIONS]

(e)

Funds appropriated in paragraph (a)(iv) of this section are to be distributed to eligible counties in two (2) equal distributions on August 15, 2010 and on August 15, 2011. The office of state lands and investments shall calculate the amounts to be distributed to eligible counties as determined by this subsection as follows:

(i)

Multiply each county's total assessed valuation for tax year 2009 by twelve mills (.012). This amount shall represent the county property tax available;

(ii)

Calculate the sum of the following to determine the county funding need:

(A)

One million two hundred thousand dollars ($1,200,000.00); plus

(B)

The product of the county population from zero (0) to five thousand (5,000) multiplied by one hundred sixty dollars ($160.00); plus

(C)

The product of the county population from five thousand one (5,001) to twenty-five thousand (25,000) multiplied by one hundred thirty dollars ($130.00); plus

(D)

The product of the county population above twenty-five thousand (25,000) multiplied by one hundred dollars ($100.00).

(iii)

Calculate the property tax shortfall for each county by subtracting the property tax available as determined by paragraph (i) of this subsection from the county funding need as determined by paragraph (ii) of this subsection. If the amount is greater than zero (0), the county shall be eligible for distribution of money under this subsection;

(iv)

The amount distributed under this subsection to each eligible county shall be in the proportion that the county's property tax shortfall bears to the total property tax shortfall of all counties eligible to receive a distribution under this subsection.

(
f
)

For purposes of this section, population is to be determined by resort to the latest decennial federal census as updated by the bureau of census.

[SELECT COMMITTEE ON DEVELOPMENTAL PROGRAMS]

Section 336.

(a)

There is created the select committee on developmental/intellectual programs consisting of the following members:

(i)

Three (3) members of the Wyoming senate appointed by the president of the senate, at least one (1) of whom shall be a member of the senate labor, health and social services committee and not more than two (2) of whom shall be from the same political party;

(ii)

Four (4) members of the Wyoming house of representatives appointed by the speaker of the house of representatives, at least two (2) of whom shall be members of the house labor, health and social services committee, one (1) of whom shall be a member of the house appropriations committee, and not more than three (3) of whom shall be from the same political party.

(b)

The president of the senate and the speaker of the house of representatives shall each appoint a cochairman of the select committee.

(c)

The committee shall

analyze data provided by service providers for persons with developmental disabilities and service provider organizations to determine the fiscal viability of providers following the 2009 implementation of cost-based reimbursement payments.

(d)

The committee shall determine:

(i)

Whether providers have reduced staffing levels and whether the providers' staffing levels are adequate to meet the requirements of plans of care;

(ii)

Whether the providers have fiscal reserves;

(iii)

The ratio of providers' management and administrative employees to direct patient care employees;

(iv)

Other factors affecting the providers' fiscal viability.

(e)

The committee shall report on new methods of providing services to persons with developmental disabilities, including alternative methods tested in
Wyoming
or in other states within the last three (3) years.

(f)

The committee shall report on the legality and practicality of parents creating limited liability companies or other business entities to design services for their children with disabilities, including a review of other states' models for parents providing for the extraordinary needs of their children with developmental disabilities.

(g)

The committee shall study the effects of dual diagnosis on service provision and budgets. The study shall consider:

(i)

An assessment tool to quantify the additional needs of persons with mental illness and developmental disabilities;

(ii)

Best practices for plans of care;

(iii)

Cooperation with the center for medicare and medicaid services of the
United States
department of health and human services to incorporate services into waivers if appropriate.

(h)

The committee shall identify system changes for improvement in the delivery of services to persons with developmental disabilities and sponsor necessary legislation implementing committee recommendations.

(j)

The committee shall request and examine the budgets, balance statements and financial statements for residential treatment providers receiving funding from the state of
Wyoming
to verify staffing levels, staff salaries, overhead and profits.

(k)

The committee shall report to the legislature and the governor not later than October 1, 2010 on conclusions and recommendations developed under subsections (c) through (h) of this section.

(m)

The committee shall exist until December 31, 2010.

(n)

Twenty-nine thousand dollars ($29,000.00) is appropriated from the general fund to the legislative service office to fund activities of the select committee.

(o)

This section is effective immediately.

[
WILDLIFE TRUST CHALLENGE ACCOUNT
]

Section 33
7
.

2008
Wyoming Session Laws, Chapter 48, Section 326(a) and (b) is amended to read:

Section 326.

(a)

The
Wyoming
wildlife trust challenge account created by 2006 Wyoming Session Laws, Chapter 35, Section 320 is continued. Any unexpended, unobligated monies appropriated from the general fund to the account by 2006 Wyoming Session Laws, Chapter 35, Section 320 shall not revert on June 30,
2008
2010
and shall remain in the account for the purpose of providing a state match pursuant to subsections (c) through (e) of this section. Unexpended, unobligated monies in the account on June 30,
2010
2012
shall revert as provided by law. The state treasurer shall invest monies within the account and shall deposit the earnings from investments to the general fund.

(b)

To the extent funds are available in the wildlife trust challenge account, the state treasurer shall match gifts actually received during the donation period provided in this subsection by the
Wyoming
wildlife and natural resource trust account board. A match shall be paid under this section by the state treasurer following any accumulated gift amounts actually received by the
Wyoming
wildlife and natural resource trust account board in a total of five thousand dollars ($5,000.00) or more. The match shall be made by transferring from the wildlife trust challenge account to the Wyoming wildlife and natural resource trust account created by W.S. 9
‑
15
‑
103(a) an amount equal to the accumulated amount of the gift. The match applies to gifts received during the donation period commencing July 1, 2006 and ending June 30,
2010
2012
.

[OUT OF STATE TRAVEL AND PUBLICATIONS RESTRICTIONS]

Section 33
8
.

(a)

For the period beginning July 1, 2010 and ending March 31, 2011, no expenditure of funds in excess of the amounts provided in this section, appropriated under this act
,
shall be made for out of state travel, publications or advertising without the approval of the director of the
agency
making the expenditure, in accordance with requirements set forth in an executive order to be issued by the governor no later than July 1, 2010.
Each
month this limitation is in place, each director shall furnish to the budget division of the department of administration and information, the amount of each expenditure for out of state travel, publications and for advertising, along with a statement of the director’s reasons for approving each expenditure. The budget division shall compile all agency expenditure reports monthly and submit the compilation to the legislative service office for distribution to the joint appropriations interim committee.

(b)

All agencies shall submit
a report to the department of administration and information by December 1, 2010, setting out
all anticipated publications, advertising and out of state travel expenditures for the period beginning April 1, 2011 and ending June 30, 2012. Except as approved in the 2011 supplemental budget bill, no expenditures of funds in excess of the amounts provided in this section, appropriated under this act
,
shall be made by any agency for publications, advertising or out of state travel after April 1, 2011. Transfers of funding through the B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii) for these purposes are not subject to this section.

(c)

As used in this section:

(i)

"Agency" means the state of Wyoming or any of its executive branch agencies, authorities, departments, boards, commissions, councils, instrumentalities, offices, separate operating agencies or units, or institutions, including the university and community colleges;

(ii)

"Director" means the director of the agency or the administrative head of the agency for those agencies with no director;

(iii)

Expenditure of funds subject to this section shall include only:

(A)

For out of state travel, those expenditures in excess of one thousand dollars ($1,000.00) as payment or reimbursement for any one (1) individual employee for any single out of state trip;

(B)

For publications, those expenditures in excess of five thousand dollars ($5,000.00) for any single issue of a publication;

(C)

For advertising, those expenditures in excess of five thousand dollars ($5,000.00) paid to any single vendor for advertising services.

(d)

The governor may by executive order
exempt any agency from the requirements of this section,
increase or decrease the amounts specified in paragraph (c)(iii) of this section
or modify any of the reporting requirements of this section if he finds the data which would be provided would not be meaningful or the requirement is unduly burdensome
. If the governor
exempts an agency or
modifies any amount
or reporting requirement
he shall report to the joint appropriations interim committee the
exemption or
modification and an explanation for the
exemption or
modification.

[STATE AGENCY CONTRACTUAL SERVICES]

Section 3
39
.

(a)

For the period beginning July 1, 2010 and ending March 31, 2011, no contract for services shall be entered into without the approval of the
director of the
agency
making the expenditure, in accordance with requirements set forth in an executive order to be issued by the governor no later than July 1, 2010. Each month this limitation is in place, each director shall furnish to the budget division of the department of administration and information, the amount of each contract for services, along with a statement of the director’s reasons for approving each expenditure. The budget division shall compile all agency reports on contracts under this section monthly and submit the compilation to the legislative service office for distribution to the joint appropriations interim committee.

(b)

All agencies shall submit a report to the department of administration and information by December 31, 2010, setting out all anticipated contractual services expenditures for the period beginning April 1, 2011 and ending June 30, 2012. Except as approved in the 2011 supplemental budget bill, no expenditures of general funds appropriated under this act shall be made by any agency for contractual services after April 1, 2011. Transfers of funding through the B-11 process as authorized by W.S. 9
‑
2
‑
1005(b)(ii) for these purposes are not subject to this section.

(c)

As used in this section:

(i)

"Agency" means
the state of Wyoming or any of its
executive branch
agencies, authorities, departments, boards, commissions, councils, instrumentalities, office
s
, separate operating agencies or units, or institutions, including the university and community colleges
;

(ii)

"Contract for services" means those contracts for services funded from 900 series appropriations;

(iii)

"Director" means the director

of the agency or
the administrative head of the agency for th
ose

agencies with no director.

(d)

The governor may by executive
order exempt any agency from the requirements of this section or otherwise modify any of the reporting requirements of this section if he finds the data which would be provided would not be meaningful or the requirement is unduly burdensome
. If the governor
exempts an agency or
modifies any
reporting requirement
he shall report to the joint appropriations interim committee the
exemption or
modification and an explanation for the
exemption or
modification.

[SCHOOL FACILITIES COMMISSION-POST-AUDIT ACCOUNTING]

Section 340.

(a)

Based upon findings and recommendations contained in the independent audit of the school facilities commission undertaken pursuant to 2009 Wyoming Session Laws, Chapter 207, Section 2, the department of audit shall conduct an accurate accounting of total costs of all projects receiving funds from the school capital construction account for the preceding four (4) fiscal biennial periods ending with the 2009-2010 biennium, including transfers of funds between projects during those periods. The accounting shall include independent consultations with commission field representatives responsible for total project costs and with the governor's legislative liaison for school facilities. The accounting shall be undertaken in sufficient time to report findings to the select committee on school facilities by September 1, 2010.

(b)

For the period beginning on the effective date of this section and ending December 31, 2010, and for purposes of conducting the accounting required under this section, the department of audit is authorized an additional two (2) part-time, time limited positions. Seventy thousand dollars ($70,000.00) is appropriated to the department of audit from the school capital construction account for purposes of this section.

(c)

T
his section is effective immediately.

[
SCHOOL FACILITIES COMMISSION REORGANIZATION STUDY
]

Section 3
41
.

(a)

In accordance with W.S. 9
‑
2
‑
1701 through 9
‑
2
‑
1707, the select school facilities committee shall study and prepare a plan for the reorganization of the school facilities commission established under W.S. 21
‑
15
‑
113, including the commission director and commission staff authorized under W.S. 21
‑
15
‑
114(c). On or before September 1, 2010, the plan shall be submitted to the joint appropriations committee and made available to the public. The joint appropriations committee shall hold at least one (1) public hearing on the proposed plan and shall submit final recommendations to the legislature in sufficient time for consideration in the 2011 general session. The plan, as approved by the legislature, shall be implemented not later than July 1, 2011. The reorganization plan required under this section shall include the following components of the statewide school capital construction system:

(i)

The major building and facility repair and replacement program established under W.S. 21
‑
15
‑
109;

(ii)

The statewide standards for school building and facility adequacy and the assessment of the inventory of school buildings and facilities under the adequacy standards as provided under W.S. 21
‑
15
‑
115;

(iii)

The school district facility planning process created under W.S. 21
‑
15
‑
116;

(iv)

The annual evaluation and prioritization of school building and facility needs and the scheduling of building and facility remediation as established under W.S. 21
‑
15
‑
117;

(v)

The budget process for funding school building and facility remediation recommendations prescribed under W.S. 21
‑
15
‑
119.

(b)

Effective immediately and until July 1, 2011, the existing school facilities commission and its staff shall be subject to the following:

(i)

Notwithstanding W.S. 21
‑
15
‑
113, the commission shall serve in an advisory capacity to the governor to provide recommendations and policy alternatives to the governor and the system of school capital construction in the manner prescribed under W.S. 9
‑
2
‑
1707(a)(iii)(F);

(ii)

Notwithstanding W.S. 9
‑
1
‑
202 and 21
‑
15
‑
114(c):

(A)

The commission director shall serve at the pleasure of the governor; and

(B)

The commission and staff shall function as a department operating unit of state government as defined under W.S. 9
‑
2
‑
1703(a)(iii) and be subject to the direction of the governor.

(iii)

During the transition period between the effective date of this section and the date of implementation of the legislatively approved plan under subsection (a) of this section, the positions, personnel, property and appropriated funds of the commission shall be used for purposes specified by existing law. In addition, all policies, rules and regulations of the commission shall be effective during the transition period unless otherwise specified by the governor.

(c)

This section is effective immediately.

[EFFECTIVE DATE]
Section 400.

(a)

As used in this act, "effective immediately" means
effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion. Any appropriation contained in this act which is effective immediately shall not lapse until June 30, 2012, unless otherwise specified.

(b)

Except as otherwise provided, this act is effective July 1, 2010.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1