FIRST DAY
BUDGET SESSION OF THE SENATE
SIXTIETH STATE LEGISLATURE
FEBRUARY 8, 2010
A Joint Session of the Legislature was held in the House at 10:00 a.m. to hear the Governor's State of the State Address.
The Senate convened at 1:30 p.m.
The colors were presented by Cheyenne East High School Junior ROTC, followed by the "Pledge of Allegiance" by the Senate body. Prayer was given by Father Tom Cronkleton.
President Hines announced that the Chief Clerk will call the roll to convene.
ROLL CALL
Present: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Dockstader, Elliott, Esquibel, F.,Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, and Von Flatern.
Present30 Nays0 Excused0 Absent0 Conflict0
President Hines announced that James Elliott, Jr. has been appointed to fill the unexpired term occasioned by the resignation of Senator Vasey, Senate District 11. Saundra Meyer has been appointed to fill the unexpired term occasioned by the resignation of Senator Decaria, Senate District 15, welcome to the Senate.
Majority Floor Leader Anderson moved that the following named persons be placed in nomination as new employees of the Senate and that they be voted on collectively, and asked the Reading Clerk to read the names of the new employees and their respective positions. The motion passed.
Addie Ceballos...... Corporations Secretary
Kathleen Kalasinsky...... Telephone Receptionist
Beth Miller...... Revenue Secretary
Gene Schaaf...... Weekend Watchman
Don Shepard...... Appropriations Secretary
Katherine Van Dell ...... Floor Computer Clerk
Judy Yoksh...... Senate Chamber Assistant
President Hines welcomed them as staff members for this Budget Session
President Hines announced that he had changed the appointments to several Standing Committees. The Reading Clerk read the changed Committee memberships.
Judiciary:
Senator Ross, Chairman
Senators Burns, Perkins S. Meyer and Sessions
Education:
Senator Coe, Chairman
Senators Jennings, Von Flatern, Massie and Sessions
Agriculture, State and PublicLands and Water Resources:
Senator Geis, Chairman
Senators Bebout, Jennings, Johnson and Elliott
Travel, Recreation, Wildlife and Cultural Resources:
Senator Burns, Chairman
Senators Coe, Dockstader, Jennings and S. Meyer
With these changes, the Standing Committees of the 2009 General Session of the 60th Wyoming Legislature will stand as Standing Committees of this 2010 Budget Session, 60th Wyoming Legislature.
NOTICE TO THE GOVERNOR
President Hines directed the Chief Clerk to notify His Excellency, the Governor, that the Senate of the 2010 Budget Session, 60th Wyoming State Legislature, is organized and ready to receive any communications he may desire to submit.
NOTICE TO THE HOUSE
President Hines then directed the Chief Clerk to notify the House that the Senate of the 2010 Budget Session,60th Wyoming State Legislature, is organized and ready to receive any communications they may desire to submit.
President Hines introduced the University of Wyoming Trumpet Ensemble, under the direction of Dr. Scott Meredith.
President Hines sounded the gavel and called the Senate to order. The next order of business was the introduction of bills.
THIRD DAY
FEBRUARY 10, 2010
Senator Anderson moved for the adoption of the following Senate rule.
SR0001/ADOPTED
Amend Senate Rule 24-2 by creating a new subsection (d) to read:
BUDGET SESSION INTRODUCTION DEADLINE
AND LIMIT ON SPONSORSHIP
24-2(a)No bill will be accepted for consideration except by unanimous consent after twelve o'clock noon of the third legislative day of the Session. Bills that have been signed, submitted and accepted by the Legislative Service Office prior to the twelve noon cutoff date for consideration of bills but are still at the printer's office will be considered as being within the cutoff deadline. Such a list of bills will be delivered by the Legislative Service Office to the President at the cutoff hour.
(b)No bill shall be considered for introduction after five o'clock p.m. on the fifth legislative day of the session except by unanimous consent of the membership.
(c)No member shall sponsor more than three (3) bills in any Budget Session. This limitation shall not apply to joint interim committees, the Management Audit Committee, the Management Council, the Select Water committee and any other Committee designated by the Management Council.
(d)Subsections 242(a) and (b) shall not apply to the introduction of the mirror budget bill in the 2010 budget session. SENATE RULES COMMITTEE
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, and Von Flatern
Nays: Senator(s) Case
Ayes29 Nays1 Excused0 Absent0 Conflict0
S.F. No. 0001 / General government appropriations-2.Sponsored By:Joint Appropriations Interim Committee
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.
2/16/2010Bill Number Assigned
2/17/2010S Received for Introduction
2/22/2010S Introduced and Referred to SCOW
2/22/2010S Placed on General File
2/22/2010S Passed CoW
SF0001S2001/FAILED
[BUDGET AFFECTED}
Budget(s):Section 002. SECRETARY OF STATE
(Administration)
* * * * * * * * * *
Page 6-line 11After "1." insert ",2.".
Page 6-line 17Decrease Full Time positions by "3".
Page 6-after line 25Insert:
"2.From the amount saved by the reduction in full time positions in this section, the secretary of state shall resume mailing notices of annual reports and taxes due to corporations and similar organizations and shall resume publication of the Wyoming state government directory.".
To the extent required by this amendment: adjust totals; and renumber as necessary. SCOTT
SF0001S2002/ADOPTED
[BUDGET AFFECTED]
Section Under Consideration:
Section: 006. Administration & Information
(CIO)
Other Budget(s) Affected:
Section: 066. Wyoming Tourism Board
(Wyoming Tourism Board)
* * * * * * * * * * * * * *
Page 10-line 18Under GENERAL FUND decrease amount by "261,900".
Page 34-line 20Under GENERAL FUND increase amount by "261,900".
To the extent required by this amendment: adjust totals; and renumber as necessary. SCHIFFER
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Perkins, Ross, Schiffer, Scott and Von Flatern
Nays: Senator(s) Case, Massie, Meier, Meyer, Nicholas, Peterson, Sessions and Townsend
Ayes22 Nays8 Excused0 Absent0 Conflicts0
SF0001S2003/FAILED
[BUDGET AFFECTED]
Budget(s):Section 006. Administration and Information
(Employees Group Insurance)
* * * * * * * * * *
Page 10-line 12After "Insurance" insert "3.".
Page 11-After line 5insert:
"3.Beginning January 1, 2011, for the health insurance plan provided pursuant to the State Employees and Officials Group Insurance Act, the lowest individual deductible for the plan shall be not less than five hundred dollars ($500.00).".
To the extent required by this amendment: adjust totals; and renumber as necessary. CASE
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Case, Coe, Cooper, Jennings, Larson, Martin, Meier, Perkins and Scott
Nays: Senator(s) Burns, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Johnson, Landen, Massie, Meyer, Nicholas, Peterson, Ross, Schiffer, Sessions, Townsend and Von Flatern
Ayes11 Nays19 Excused0 Absent0 Conflicts0
SF0001S2005/ADOPTED
[BUDGET AFFECTED]
Budget(s):Section 025. DEPARTMENT OF EMPLOYMENT
(Workers' Safety & Compensation)
* * * * * * * * * *
Page 19-line 6After "Compensation" insert "1.".
Page 19-after line 18Insert:
"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.". SCOTT
SF0001S2006/ADOPTED
[BUDGET AFFECTED]
Budget(s): Section 45. DEPARTMENT OF TRANSPORTATION
(Aeronautics Administration)
* * * * * * * * * *
Page 26-line 12After "Administration" insert "2.".
Page 26-after line 24Insert:
"2. Notwithstanding any other opinion, the construction and development of heliports shall be included in the permissible activities of the aeronautics commission and aeronautics division.".
To the extent required by this amendment: adjust totals; and renumber as necessary. LARSON
SF0001S2007/FAILED
[BUDGET AFFECTED]
Budget(s):006. Administration and Information
(Information Technology)
* * * * * * * * * *
Page 10-line 15After "Technology" insert "3.".
Page 11-After line 5Insert:
"3.Of this general fund appropriation, one hundred thousand dollars ($100,000.00) shall only be expended to complete implementation of the Wyoming public finance website authorized under W.S. 921035 through 921037.".
To the extent required by this amendment: adjust totals; and renumber as necessary. LANDEN, CASE
ROLL CALL
Ayes: Senator(s) Case, Dockstader, Elliott, Esquibel, F., Hastert, Landen and Scott
Nays: Senator(s) Anderson, J., Bebout, Burns, Coe, Cooper, Geis, Hines, Hunnicutt, Jennings, Johnson, Larson, Martin, Massie, Meier, Meyer, Nicholas, Perkins, Peterson, Ross, Schiffer, Sessions, Townsend and Von Flatern
Ayes7 Nays23 Excused0 Absent0 Conflicts0
SF0001S2009/ADOPTED
[BUDGET AFFECTED]
Budget(s):048Department of Health
(Preventive Health & Safety)
(Division on Aging)
* * * * * * * * * *
Page 27–line 17Under OTHER FUNDS TT increase amount by "102,457".
Page 27–line 25Under GENERAL FUND decrease amount by "51,779".
Page 27–line 26Under OTHER FUNDS SR decrease amount by "51,779".
To the extent required by this amendment: adjust totals; and renumber as necessary. BEBOUT
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Dockstader, Elliott, Esquibel, F., Hunnicutt, Jennings, Johnson, Larson, Martin, Massie, Meyer, Schiffer, Sessions and Von Flatern
Nays: Senator(s) Geis, Hastert, Hines, Landen, Meier, Nicholas, Perkins, Peterson, Ross, Scott and Townsend
Ayes19 Nays11 Excused0 Absent0 Conflicts0
SF0001S2010/FAILED
[BUDGET AFFECTED]
Budget(s):Section 048. DEPARTMENT OF HEALTH
* * * * * * * * * *
Page 27-line 2After "HEALTH" insert "12.".
Page 29-after line 24Insert:
"12.The department of health shall not, through a state plan amendment or otherwise, commit the state of Wyoming to any Medicaid or state child health insurance program expenditures after June 30, 2012.". SCOTT
SF0001S2011/FAILED
[BUDGET AFFECTED]
Budget(s):Section 048. DEPARTMENT OF HEALTH
(Community & Family Health)
* * * * * * * * * *
Page 27-line 8After "Health" insert "12."; Under GENERAL FUND increase amount by "120,000".
Page 29-after line 24Insert:
"12.Of this general fund appropriation, one hundred twenty thousand dollars ($120,000.00) 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:
(a)Provide professional education on epilepsy for nurses, physicians, public schools, public school nurses and the general public;
(b)Provide for support groups focused on epilepsy;
(c)Increase awareness of epilepsy in Wyoming;
(d)Provide educational programs for persons with epilepsy; and
(e)Provide better access to care for persons with epilepsy within Wyoming.".
To the extent required by this amendment: adjust totals; and renumber as necessary. CASE, ESQUIBEL
ROLL CALL
Ayes: Senator(s) Case, Cooper, Esquibel, F., Hastert, Massie, Meier, Meyer, Schiffer and Sessions
Nays: Senator(s) Anderson, J., Bebout, Burns, Coe, Dockstader, Elliott, Geis, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Nicholas, Perkins, Peterson, Ross, Scott, Townsend and Von Flatern
Ayes9 Nays21 Excused0 Absent0 Conflicts0
SF0001S2012/FAILED (CORRECTED COPY)
[BUDGET AFFECTED]
Budget(s): 048.Department of Health
(Preventive Health & Safety)
* * * * * * * * * *
Page 27-line 15After "6." insert "12.".
Page 29-After line 24Insert:
"12. Of this other funds appropriation, one hundred thousand dollars ($100,000.00)TT shall only be expended to fund one (1) at-will contract employee for the purpose of supporting breast and cervical cancer screening programs for the Eastern Shoshone and Northern Arapaho Indian tribes on the Wind River Indian Reservation.".
To the extent required by this amendment: adjust totals; and renumber as necessary.CASE
SF0001S2013/FAILED
[BUDGET AFFECTED]
Budget(s):048. DEPARTMENT OF HEALTH
(Health Care Financing)
* * * * * * * * * *
Page 27–line 10After "5." insert ",12."; under GENERAL FUND increase amount by "240,000".
Page 29-after line 24Insert:
"12. Of this general fund appropriation, two hundred forty thousand dollars ($240,000.00) shall only be expended to replace federal grant funding from the Health Resource Services Administration for the contract program for services to persons with acquired brain injury who are not eligible for the home and community based waiver program. 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. This footnote shall be effective immediately.".
To the extent required by this amendment: adjust totals; and renumber as necessary. MEYER
ROLL CALL
Ayes: Senator(s) Case, Elliott, Esquibel, F., Hastert, Martin, Massie, Meyer, Peterson, Schiffer, Sessions and Von Flatern
Nays: Senator(s) Anderson, J., Bebout, Burns, Coe, Cooper, Dockstader, Geis, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Meier, Nicholas, Perkins, Ross, Scott and Townsend
Ayes11 Nays19 Excused0 Absent0 Conflicts0
SF0001S2014/ADOPTED
[BUDGET AFFECTED]
Budget(s):Section 049. Department of Family Services
* * * * * * * * * *
Page 30-line 5After "Services" insert "2.".
Page 30-After line 23Insert:
"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.".
To the extent required by this amendment: adjust totals; and renumber as necessary. MASSIE, NICHOLAS, MEIER
SF0001S2015/FAILED
[BUDGET AFFECTED]
Budget(s):049. Department of Family Services.
(Assistance)
* * * * * * * * * *
Page 30-line 9After "1." Insert ",2.".
Page 30-after line 23Insert:
"2. 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."
To the extent required by this amendment: adjust totals; and renumber as necessary. ESQUIBEL, F.
ROLL CALL
Ayes: Senator(s) Case, Elliott, Esquibel, F., Hastert, Larson, Martin and Meyer
Nays: Senator(s) Anderson, J., Bebout, Burns, Coe, Cooper, Dockstader, Geis, Hines, Hunnicutt, Jennings, Johnson, Landen, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern
Ayes7 Nays23 Excused0 Absent0 Conflicts0
SF0001S2016/ADOPTED
[BUDGET AFFECTED]
Budget(s):Section 057. COMMUNITY COLLEGE COMMISSION
(WY Teacher Shortage Loan Program)
* * * * * * * * * *
Page 32-line 26Under OTHER FUNDS decrease amount by "100,000S5".
To the extent required by this amendment: adjust totals; and renumber as necessary. MASSIE
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern
Ayes30 Nays0 Excused0 Absent0 Conflicts0
SF0001S2018/ADOPTED
[BUDGET AFFECTED]
Budget(s):80. DEPARTMENT OF CORRECTIONS
(Sex offender treatment program)
* * * * * * * * * *
Page 38-line 5After "2." insert ", 3." under GENERAL FUND increase amount by "200,000".
Page 39-after line 9Insert:
"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.".