S.F. No. 0122

Higher education endowments account.

Sponsored By: Senator(s) Scott, Barrasso, Boggs, Coe, Larson, Massie and Vasey and Representative(s) Hammons, Harshman, Illoway, Jorgensen, Luthi, Reese and Wasserburger

AN ACT relating to higher education endowments; establishing the excellence in higher education endowment account and the student scholarship endowment account; providing distributions from the accounts to the University of Wyoming and Wyoming community colleges; restricting expenditures to faculty recruitment and retention, to scholarships for low income students and to other specified educational needs; establishing an endowment for the university energy institute matching program; specifying purposes for energy endowment matching distributions by the state treasurer; imposing reporting requirements; directing the joint appropriations interim committee to determine higher education accomplishments; providing appropriations; and providing for an effective date.

1/13/2005 Bill Number Assigned

1/14/2005 S Received for Introduction

1/18/2005 S Introduced and Referred to S04

1/25/2005 S04 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Boggs, Coe, Jennings, Peck and Townsend

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/25/2005 S Rereferred to S02

2/1/2005 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Anderson, J., Case, Hines, Job and Nicholas

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/1/2005 S Placed on General File

SF0122SS001/ADOPTED

Page 1-line 8 After ";" delete balance of line and insert "providing for notice of possible future legislative restrictions on scholarships as specified;".

Page 1-lines 9 and 10 Delete.

Page 1-line 11 Delete "state treasurer;".

Page 2-line 3 After "21-16-1206" delete ",".

Page 2-line 4 Delete "21-16-1301 and 21-16-1302".

Page 2-line 11 Before "." insert "; legislative restrictions".

Page 3-after line 19 Insert:

"(d)  The legislature reserves the right to provide by law that the earnings from any scholarship endowments created by this article and any subsequent deposits in these accounts mandated by law or appropriation shall be used to support any scholarship program created by law including but not limited to need based programs and the Taylor plan or other universal scholarship programs. This reservation shall be explicitly included in any transmission of funds to university or community college foundations for endowments pursuant to this article.".

Page 4-line 11 After "." insert "The agreement shall be a contract which shall provide that the principal shall not be withdrawn from the endowment.".

Page 6-line 5 Delete "or" insert "and".

Page 15-lines 17 through 24 Delete.

Pages 16 through 18 Delete.

Page 19-lines 1 through 11 Delete.

Page 20-lines 7 through 14 Delete. COE, CHAIRMAN

SF0122SS002/ADOPTED

Page 1-line 13 Delete "providing appropriations;".

Page 19-lines 13 through 22 Delete and renumber.

Page 20-lines 1 through 5 Delete.

Page 20-line 16 Delete "3" insert "2".

Page 21-line 10 Delete "4" insert "3". HINES, CHAIRMAN

SF0122SW001/ADOPTED

Page 1-line 13 After first ";" insert "providing an appropriation;".

Page 19-lines 13 through 22 Delete the Second Senate Standing Committee Amendment (SF0122SS002/A) to these lines and further amend as follows: Delete and insert and renumber as necessary:

"Section 2.  For the budget period ending June 30, 2006, after the effective date of this act and prior to making any deposits in the school foundation program account pursuant to W.S. 9‑4‑601(a)(ii), the state treasurer shall deposit one hundred five million dollars ($105,000,000.00) into the excellence in higher education endowment account established under W.S. 21‑16‑1201(a), as created under section 1 of this act, in three (3) deposits of thirty-five million dollars ($35,000,000.00) each on October 1, 2005, April 1, 2006 and June 30, 2006.". SCOTT, MASSIE

2/7/2005 S Passed CoW

SF0122S2001/ADOPTED

Page 1-line 13 After "accomplishments;" insert "providing for a committee to study and prepare a plan of implementation as specified;".

Page 19-line 12 Insert and renumber:

"Section 2. Prior to any expenditure from the excellence in higher education endowment account established under W.S. 21-16-1201(a), a committee consisting of three (3) university of Wyoming trustees appointed by the president of the board of trustees, two (2) members of the community college commission appointed by the chairman of the commission, and four (4) business leaders appointed by the governor shall present a plan for the implementation of the endowment that enhances the purposes of this act and furthers the needs of the Wyoming economic, social and educational infrastructure. The plan shall be presented to the joint appropriations interim committee not later than October 1, 2005. Support and consultation for the committee shall be provided by the university and the community college commission.".

Renumber as necessary. SCHIFFER, VASEY

SF0122S2002/FAILED

Page 19-lines 13 through 22 Delete the Scott Committee of the Whole Amendment (SF0122SW001/A) and the Second Senate Standing Committee Amendment (SF0122SS002/A) to these lines and further amend as follows: delete and insert and renumber as necessary:

"Section 2.  For the budget period ending June 30, 2006, after the effective date of this act and prior to making any deposits in the school foundation program account pursuant to W.S. 9-4-601(a)(ii), the state treasurer shall deposit fifty million dollars ($50,000,000.00) into the excellence in higher education endowment account established under W.S. 21-16-1201(a), as created under section 1 of this act, in two (2) deposits of twenty-five million dollars ($25,000,000.00) each on October 1, 2005 and April 1, 2006. However, the first of these deposits shall be contingent upon the scholarship endowment account established by W.S. 21-16-1201(b) having received fifteen million dollars ($15,000,000.00) in matching donations on behalf of the university by October 1, 2005.". MEIER

ROLL CALL

Ayes: Senator(s) Case, Geis, Hawks, Meier and Northrup.

Nays: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Coe, Cooper, Decaria, Hanes, Hines, Jennings, Job, Johnson, Larson, Massie, Mockler, Nicholas, Peck, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.

Ayes 5 Nays 25 Excused 0 Absent 0 Conflicts 0

SF0122S2003/FAILED

Page 19-lines 13 through 22 Delete the Scott Committee of the Whole Amendment (SF0122SW001/A), the Second Senate Standing Committee Amendment (SF0122SS002/A) and the Meier Second Reading Amendment (SF0122S2002/A) to these lines and further amend as follows: delete and insert and renumber as follows:

"Section 2.  For the budget period ending June 30, 2006, after the effective date of this act, the state treasurer shall transfer from the general fund one hundred five million dollars ($105,000,000.00) into the excellence in higher education endowment account established under W.S. 21‑16‑1201(a), as created under Section 1 of this act, in three (3) deposits of thirty-five million dollars ($35,000,000.00) each on October 1, 2005, April 1, 2006 and June 30, 2006.". SESSIONS

2/8/2005 S Passed 2nd Reading

SF0122S3001/FAILED

Page 19-lines 13 through 22 Delete the Scott Committee of the Whole Amendment (SF0122SW001/A) and the Second Senate Standing Committee Amendment (SF0122SS002/A) to these lines and further amend as follows: delete and insert and renumber as necessary:

"Section 2.  For the budget period ending June 30, 2006, after the effective date of this act and prior to making any deposits in the school foundation program account pursuant to W.S. 9-4-601(a)(ii), the state treasurer shall deposit seventy million dollars ($70,000,000.00) into the excellence in higher education endowment account established under W.S. 21-16-1201(a), as created under section 1 of this act, in two (2) deposits of thirty-five million dollars ($35,000,000.00) each on October 1, 2005 and April 1, 2006.". MEIER

SF0122S3002/ADOPTED

Page 19-line 12 Delete the Schiffer, Vasey Second Reading Amendment (SF0122S2001/A) to these lines and further amend as follows: delete and insert and renumber as follows:

"Section 2.  Prior to any expenditure from the excellence in higher education endowment account established under W.S. 21-16-1201(a), a committee consisting of three (3) university of Wyoming trustees appointed by the president of the board of trustees, one (1) member of the community college commission appointed by the chairman of the commission, one (1) Wyoming community college trustee appointed by the president of the Wyoming association of community college trustees and four (4) business and industry leaders appointed by the governor shall present a plan for the implementation of the endowment that enhances the purposes of this act and furthers the needs of the Wyoming economic, social and educational infrastructure. The plan shall be presented to the joint appropriations interim committee not later than October 1, 2005. Support and consultation for the committee shall be provided by the university and the community college commission.".

Renumber as necessary. BOGGS, SCHIFFER

2/9/2005 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hines, Jennings, Job, Johnson, Larson, Massie, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.

Nays: Senator(s) Hawks

Excused: Senator(s) Meier

Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0

2/10/2005 H Received for Introduction

2/10/2005 H Introduced and Referred to H04

2/24/2005 H04 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Bucholz, Goggles, Hammons, Harshman, Hinckley, McOmie, Quarberg, Semlek and Wasserburger

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/24/2005 H Placed on General File

2/24/2005 H Rereferred to H02

2/24/2005 H02 Returned Bill Pursuant to HR 8-5

ROLL CALL

Ayes: Representative(s) Berger, Jones, Meuli, Petersen, Philp and Warren

Excused: Representative(s) Jorgensen and Simpson

Ayes 6 Nays 0 Excused 2 Absent 0 Conflicts 0

2/24/2005 H Placed on General File

SF0122HS001/ADOPTED (TO ENGROSSED COPY)

That Substitute No. 1 for SF0122 Engrossed, DO Pass. WASSERBURGER, CHAIRMAN

2/25/2005 H Passed CoW

SF0122H2001/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 7-line 2 Delete "need and".

Page 7-line 5 Delete "regional student interest".

Page 5-line 6 Delete "and career surveys" insert "a survey sampling Wyoming high school students' career interests".

Page 14-line 7 Before "Prior" insert "(a)".

Page 14-line 24 After "." insert "To assist the committee in formulating the plan, the university shall report the results of:

(i)  Public hearings it conducts in the state regarding public interest in areas of excellence;

(ii)  A survey sampling Wyoming high school students' career interests; and

(iii)  Information developed by the university through other appropriate means to determine sustainable, long-term programs for the benefit of current and future Wyoming generations.". HAMMONS, HARSHMAN

SF0122H2002/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 15-After line 20 Insert:

"(iv) One (1) representative from the Wyoming K-12 educational community appointed by the state superintendent of public instruction;

(v) One (1) representative from the Wyoming department of education appointed by the state superintendent of public instruction;".

Renumber as necessary. LUTHI, ILLOWAY, WASSERBURGER

SF0122H2003/FAILED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 15-line 10 Delete "an" insert "a higher"; delete "merit".

Page 16-line 7 After "programs" insert ", including need based programs,".

Page 16-line 11 Delete "merit based".

Page 17-line 9 Delete "." insert ";".

Page 17-after line 9 Insert: "(E) For need based programs, various income levels and associated need criteria.".

Page 19-line 4 After "the" insert "higher"; delete "merit". SIMPSON

SF0122H2004.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT)

[TO SUBSTITUTE BILL No. 1]

Page 7-line 13 Delete "Nothing in this section shall prevent".

Page 7-line 14 Delete "from collaborating" insert "may collaborate".

Page 10-line 5 Delete "Nothing in this section shall prevent".

Page 10-line 6 Delete "from collaborating" insert "may collaborate" LANDON

SF0122H2004.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT)

[TO SUBSTITUTE BILL No. 1]

Page 10-After line 20 Insert:

"(i)  Academic areas receiving funds and the amount of funds received in each area;

(ii)  The numbers of endowed chairs in each discipline;".

Page 11-lines 1 through 12 Delete entirely.

Page 13-lines 15 through 23 Delete entirely and insert:

"(A)  First to the higher education endowment account until distributions to that account under this subparagraph equal one hundred five million dollars ($105,000,000.00);

(B)  Then to the Hathaway student scholarship endowment account until that account balance equals four hundred million dollars ($400,000,000.00);".

Renumber as necessary. LANDON

2/28/2005 H Passed 2nd Reading

SF0122H3001/FAILED (TO ENGROSSED COPY)

(CORRECTED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 1-line 12 Delete "an".

Page 17-lines 20 through 23 Delete entirely and insert:

"(v)  Implementation of the program for Wyoming high school graduates who are freshmen entering the University of Wyoming or Wyoming community colleges in the fall of 2006 with high school curriculum and proficiency requirements increasing annually until the requirements are fully established for freshmen entering college in the fall of 2009;".

Page 19-After line 14 Insert:

"Section 7. (a) There is appropriated from the common school permanent fund reserve account created by W.S. 9-4-713(f) the following:

(i) Twenty-three million seven hundred thousand dollars ($23,700,000.00) to the Hathaway student scholarship endowment account created under W.S. 21-16-1201(b). This appropriation shall be expended exclusively for implementation of the Hathaway scholarship program pursuant to law for academic years 2006-2007, 2007-2008, 2008-2009 and 2009-2010;

(ii) Six million three hundred thousand dollars ($6,300,000.00) to the excellence in higher education endowment account created by W.S. 21-16-1201(a).".

Page 19-line 17 Delete "7." insert "8.". WASSERBURGER, DIERCKS, HAMMONS, HARSHMAN

SF0122H3002/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 15-After line 17 Insert:

"(iii) Two (2) representatives from business and industry, appointed by the governor;".

Renumber as necessary. COHEE, BUCHOLZ, SEMLEK

SF0122H3003/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 6-line 18 Delete "a comprehensive" insert "an"; before "quality" insert "arts, humanities and other cultures and interests affecting". LANDON

3/1/2005 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused: Representative(s) Jorgensen, Latta and Reese.

Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0

3/2/2005 S Did Concur

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Jennings, Job, Johnson, Larson, Massie, Mockler, Nicholas, Northrup, Peck, Ross, Scott, Sessions, Townsend, Vasey and Von Flatern.

Nays: Senator(s) Burns, Hines, Meier and Schiffer.

Ayes 26 Nays 4 Excused 0 Absent 0 Conflicts 0

3/2/2005 Assigned Number SEA No. 0110

3/2/2005 S President Signed SEA No. 0110

3/2/2005 H Speaker Signed SEA No. 0110

3/3/2005 Governor Signed SEA No. 0110

3/3/2005 Assigned Chapter Number

Chapter No. 0190 Session Laws of Wyoming 2005.