SUMMARY of COMMITTEE SPONSORED BILLS for the 2008 BUDGET SESSION
All of the following, except as specifically noted, have been approved for introduction by a Committee. Some Committees are still meeting in January, thus not all drafts are in final form. Nor have all been assigned a House Bill or Senate File number at this time. If no House Bill or Senate File number appears, the number referenced is the 2008 LSO draft number and some changes may be made to the referenced draft depending on the latest Committee action. One caveat – this summary has been prepared solely to provide a very quick overview of bills being sponsored by the various committees. In order to keep the overview short, the summaries are acknowledged to be incomplete and make no attempt to address all aspects of the bills. The entire bill must be read if a person wishes to know its full contents and effect.
JUDICIARY
HB0090, Carbon capture and sequestration.
This bill would require the regulation of carbon dioxide injection and storage by the Department of Environmental Quality (DEQ) and specify the activities that are subject to DEQ's regulation while distinguishing specified drilling activities that remain subject to regulation by the Oil and Gas Conservation Commission.
HB0089, Ownership of subsurface pore space
This bill would adopt the "American Rule" by specifying that subsurface pore spaces are owned by the surface estate owner. The bill also specifies: the applicability and legislative intent of the act; notice requirements; and, the effect of ownership of a subsurface pore space. While this bill is independent of the carbon sequestration bill, the issues are related.
This bill would amend the Juvenile Justice Act, juvenile probation statutes and Children in Need of Supervision Act to conform those statutes to the "valid court order" requirement in the federal Juvenile Justice and Delinquency Prevention Act. The bill would require the court to explain in detail the consequences of a failure to meet the terms of a court order and require a prompt assessment of a child and a report of the child's immediate needs before the child could be detained under specified conditions.
HB0030, Modernization of court procedures.
This bill would: eliminate the duty of a circuit court to prepare affidavits for specified actions; amend obsolete references to justice of the peace courts; and, repeal statutory qualifications for official court reports because the qualifications now appear in court rules adopted by the Supreme Court.
SF0032, Board of parole-authorizing changes in length of parole.
This bill would authorize the Board of Parole to award "good time" to parolees and to impose sanctions for violating conditions of parole. The effect of awarding good time would be to reduce the amount of time on parole. By authorizing the board to impose sanctions, the board is given an alternative to simply revoking parole and re-incarcerating the person (which is all current law would allow.)
SF0065, Post-conviction relief petitions-DNA evidence.
This bill would create a Post-conviction DNA Testing Act, and establish procedures for persons convicted of crimes to file petitions for new trials to establish their actual innocence, based on DNA evidence. The bill provides a right to counsel for qualified convicts, limits appeals, authorizes consensual DNA testing, requires victim notification, amends requirements for retention of evidence and requires a report to the Legislature.
SF0066, Community juvenile services.
This bill repeals references to multidisciplinary teams in the Community Juvenile Services Act and specifies membership of community juvenile services boards. The bill specifies requirements for community juvenile services boards to qualify for state funding and eliminates a limitation on which courts may order the provision of juvenile probation. It extends an appropriation to the Department of Family Services and requires rulemaking and cost-sharing among DFS, the Department of Health and the Department of Education for community juvenile services. The bill also requires a report to the Legislature.
APPROPRIATIONS
SF0053 – Common school reserve account funding.
The bill changes the source of funding for the common school permanent land fund spending policy reserve account from the general fund to a portion of the federal mineral royalty that flows to the school foundation program account. The bill contains a provision that would maintain the general fund as the source of this funding for fiscal year 2008. From that point on, the funding would be the FMR stream to the school foundation program account.
HB0071- Emergency fire suppression account.
The bill repeals the section of the county emergency fire suppression statutes that provides the ceiling for counties paying fees into the account. Currently, the fees paid by participating counties into the account stop when the balance reaches $5 million. This bill eliminates that ceiling, requiring participating counties to continue to pay fees regardless of the account balance.
REVENUE
HB0091 Streamlined sales and use tax.
This bill makes technical amendments to existing statutes in order to conform with the provisions of the streamlined sales and use tax agreement.
HB0092 Property tax refund program. The bill continues the property tax refund program (previously referred to as the property tax relief program) which expired on January 1, 2008. The program provides a property tax refund program to certain needs-based recipients. The bill reappropriates a 2004 appropriation for the program and extends the lapse of that appropriation until 2015.
HB 19 Sales & use tax on food-exemption.
The bill provides funding to local governments for the sales and use tax exemption granted on food. The bill appropriates $40 million dollars for the 2008-2010 biennium to augment revenues lost by local governments.
HB 32 Vehicle sales and use tax.
This bill would require the collection of sales and use tax on a motor vehicle at the point of sale if the sale is made by a vehicle dealer. It would also require the purchaser and seller in a private sale of a motor vehicle to attest to the sales price.
The bill addresses the valuation of producer/processed natural gas for taxation purposes. The bill would require the use of the "netback" valuation method of valuation for such natural gas.
SF 23 Installment payment agreements on tax assessments.
The bill would exempt excise tax on motor vehicles from the taxpayer's bill of rights which allows installment payment agreements on tax assessments, the effect of which would be to prevent installment payment agreements for tax on motor vehicles.
EDUCATION
HB 17 Community college commission-duties.
Implements recommendations of the Governor's Study Commission on Community Colleges;
Requires each college to annually report to the commission in addition to the state treasurer on its respective expenditures and accomplishments under the endowment matching program;
Requires commission to respond to any community outside a college district requesting a service from its service area college district, and the service area district determines not to provide the requested service;
Requires commission to develop a statewide biennial community college strategic plan for the delivery of educational programs in the state, which is to serve as basis for annual report to governor and legislature;
Allows commission to review and modify or maintain existing college service areas;
Directs commission to review and approve existing certificate and degree programs and to terminate those programs with consistent low enrollment;
Directs and funds commission to conduct enrollment audits to ensure uniform accounting of FTE students in reporting financial data, which is in addition to and not in lieu of the current financial audits conducted by each college through independent CPAs.
HB 26 School finance-maintenance and operations.
Carries forward WDE recommendations pertaining to model administration duties;
Clarifies the maintenance and operations component within the education resource block grant model by providing statutory parameters on groundskeeper resources;
Specifies that groundskeeper FTE computations are to based upon the lesser of actual school site acreages as defined by WDE rule and regulation or upon the facility guidelines and site acreages established by the School Facilities Commission;
Allows the state superintendent to grant exceptions to the groundskeeper FTE criteria for acreages acquired by districts before July 1, 1997.
HB 28 Workforce training appropriation.
Implements recommendations of the Governor's Study Commission on Community Colleges;
Appropriates $15 million in general funds for one year to community college commission for funding start-up costs of workforce training programs;
Establishes advisory council comprised of industry representatives to assist commission in establishing program eligibility criteria for fund distributions;
Requires commission to by rule and regulation, establish application and review process by July 1, 2008;
Directs distribution of funds to eligible programs by September 15, 2008.
SF 21 Hathaway scholarship program.
Proposal brought to JEC by WDE, UW and community colleges;
Allows for reinstatement of Hathaway scholarships lost due to failure to meet continuing eligibility requirements for satisfactory academic progress, GPA and continuous enrollment;
Continuing eligibility requirement requires student, if part-time, to be enrolled for at least 6 semester hours or if full-time, at least 12 semester hours;
For performance and honor scholarships, 2.50 GPA required, for opportunity and career, 2.25 GPA required;
Continuous academic progress requires student to maintain enrollment in at least 2 semesters in each successive academic year;
Reinstatement for lost scholarships allowed for the first academic term following the academic term or summer school session in which eligibility requirements are re-established by student.
IN ADDITION, JEC forwarded proposals on summer school funding and career technical education funding, to be within an omnibus school finance bill for consideration in the 2008 budget session.
SUMMER SCHOOL/EXTENDED DAY proposal extends program funding on a permanent basis as an off-model supplemental resource for intervention and remediation programs addressing at-risk students. Program funding continues as categorical grant, but grant amounts become cost-based predicated on FTEs for designated at-risk student count.
CAREER-TECHNICAL EDUCATION GRANT PROGRAM based upon MPR report recommendations to provide funding for career-technical education demonstration projects connecting academic and technical curriculum grounded in academic and industry standards. Augments $500,000 WDE budget for CTE grant program by $800,000 for biennium, appropriates $150,000 for steering committee to develop grant program parameters and to establish statewide strategic plan, funds an additional WDE full-time position for CTE programs and funds and directs WDE activities for CTE development per MPR.
At the Committee's January meeting the following drafts are on the agenda:
HB0099, Community colleges-statewide levy-2.
HB0081, Community colleges-capital construction.
SF0061, School finance-recapture payments.
SF0070, School finance amendments.
AGRICULTURE, PUBLIC LANDS AND WATER RESOURCES
SF0058 State trust land management account.
Provides for 1% of revenues received from the lease of state lands, mineral royalties and other revenues to be deposited into an account for the management of state trust lands, provides for a continuous appropriation of those funds, requires an annual report to the Joint Agriculture, State and Public Lands and Water Resources Interim Committee and provides for a repeal of this account on June 30, 2013.
Restricts state agencies from holding federal grazing permits.
Modifies sale restrictions on the sale of nursery stock.
HB 18 State engineer rulemaking authority.
Grants general rulemaking authority to the State Engineer for weather modification and temporary water rights for construction of highways, railroads, reservoirs, ditches, canals or other distribution works and ratifies existing rules.
HB 55 Water well drilling and pump installation licensure.
Provides for licensure of water well drilling contractors and water well pump installation contractors, establishes licensing procedures, provides for license fees, provides for examination and continuing education requirements, provides for reciprocity, provides for license revocation and suspension, provides for penalties and provides for sunset of some provisions.
SF 7 Animal damage management account.
Repeals the current January 1, 2009 expiration date on the animal damage management program making the program permanent.
Repeals the drought assistance for breeding livestock, increases loan limits for other farm loan programs and modifies loan terms and conditions. The increase is from $600,000 to $800,000 and the modifications to the loan terms and conditions generally limit loans to 70% of appraised value of the security and place limits of loan amounts depending on the type of loan.
TRAVEL, RECREATION, WILDLIFE and CULTURAL RESOURCES
The bill modifies the sunset on off-road recreational vehicle gasoline tax distributions and repeals the sunset on motorboat gasoline tax distributions.
The bill transfers oversight of the state veterans' memorial museum to the military department, repeals the museum's designation as a state park and provides for the disposition of unexpended funds and other property.
HB 10 State parks and historic sites-fees
The bill increases user fees at state parks and historic sites by approximately 32% unless a larger increase was supported by the department's annual visitor use survey. The bill also repeals annual nonresident camping permits, allows for additional fees for developed campgrounds and provides a continuous appropriation to the department from those fees.
The bill provides for general fund budgeting for programs for management of sensitive and nongame species. No funds are appropriated under this bill, rather the bill provides the process for future general fund budget requests by the game and fish for those purposes.
CORPORATIONS, ELECTIONS and POLITICAL SUBDIVISIONS
HB 3 Campaign finance reporting-electronic filing.
Provides for electronic filing of campaign finance reports, specifies where reports shall be filed and provides for a searchable database of reports.
HB 7 Real estate commission-authority
Corrects a citation in the real estate license act to include additional provisions within the act.
The bill provides for transmission of certifications and for registration prior to an election. The bill also provides for full legal names on registrations and removes certain filing fees. The bill provides the order of offices on nonpartisan and partisan ballots and provides for opening of ballot boxes. The bill removes the requirement that county attorneys conduct training schools, repeals provisions for folded ballots, clarifies time periods, repeals requirements for the numbers of ballots to be printed and repeals provisions related to voting slips.
HB 9 Campaign finance reporting
The bill increases restrictions on contributions from individuals from $1000 to $3500, removes the annual limitation on total political contributions, modifies persons required to file campaign receipts reports and requires reporting from political action committees and candidate's campaign committees. The bill also requires amendment of campaign finance reports and modifies penalties.
HB 16 Special districts-elections
The bill changes statutory requirements to allow enlargement of special districts without election in certain circumstances and limits taxing authority when districts have not properly mapped their boundaries.
SF 4 Foreclosure-redemption period
The bill expands the acreage required for definition of agricultural real estate from 20 acres to 80 acres with respect foreclosure and redemption of realty sold under mortgage and execution.
SF 11 Subdivisions-large acre parcels
The bill allows for regulation by counties of subdivisions creating thirty-five to one hundred forty acre parcels and requires recordation of subdivided lots sold under contract for purchase.
SF 18 Business entities-revisions
The bill provides a penalty for signing false documents, allows for administrative forfeiture of limited liability company articles of organization, provides for administrative dissolution of corporations, allows certain fees, provides for administrative revocation of authority for foreign corporations and allows the secretary of state to classify certain entities as dormant awaiting administrative dissolution.
SF 26 Business entities-registered agents
The bill consolidates provisions regulating registered agents, requires recordkeeping, sets parameters for service of process on registered agents, requires registered agents to maintain physical addresses, regulates commercial registered agents and makes conforming amendments throughout the business entity statutes.
TRANSPORTATION, HIGHWAYS and MILITARY AFFAIRS
This bill increases the fees for driver's licenses and other driver services fees as administered by the Wyoming Department of Transportation. The fees are generally increased 50 to 100 percent.
This bill would increase the trip permit fees for oversize and overweight vehicles. The fees are increased for an oversize trip permit from $15 to $25, for an overweight permit from 4 cents for each ton in excess of the weight limitation to 6 cents and increases the minimum amount for an overweight permit from $25 to $40.
The bill would increase the per gallon tax on both gasoline and diesel a total of 10 cents over the next 3 years.
SF 25 National Guard Life Insurance Contribution Option
This bill would give qualified members of the Wyoming National Guard Group Life Insurance Program the option of premium reimbursement of "state sponsored life insurance". Currently, Wyoming Statutes allow for premium reimbursement for National Guard members who have a life insurance policy issued through "service members group life insurance". The two different life insurance programs are both federally authorized for National Guard and other military members. The difference between the two programs is that the "state sponsored life insurance" allows the National Guard member continued coverage when he leaves the service, while "service members group life insurance" coverage cannot be continued once the National Guard member leaves the service, but is structured for a National Guard member who may be deployed to a combat zone.
MINERALS, BUSINESS and ECONOMIC DEVELOPMENT
HB 65 Economic development account.
Provides an appropriation of $20,000,000 to the economic development account under Article 16, section 12 of the Wyoming Constitution.
HB 66 Revolving loan fund accounts.
Provides for a 1% administrative fee for the state water pollution control revolving loan program and establishes an administrative account for the fee.
SF 44 Residential Mortgages Practices Act.
Provides amendments to the Residential Mortgages Practices Act, provides for restitution orders, requires background checks, provides for fees for database processing, modifies license expiration and renewal dates, requirements, disclosure requirements and expands conditions to suspend or revoke a license.
SF 46 Discharged water management.
Provides for the management of surface water discharges, authorizes DEQ to issue general permits for discharged water, provides for the State Engineer to manage stream channels affected by surface water discharges from coalbed methane natural gas wells, authorizes construction to limit effects of excess surface water discharges from coalbed methane water, provides for rulemaking authority to the State Engineer, provides for a review process, for enforcement and for penalties.
LABOR, HEALTH and SOCIAL SERVICES
SF0062 Emergency medical technicians.
Creates a retirement system for certified EMT's; authorizes initial training and continuation grants for EMT's and ambulance company medical directors. Appropriates $5,042,200.00 from general fund for period from effective date through FY10.
HB 31 Medical safety event reporting.
Repeals list of safety-related events that hospitals must report to Dept. of Health and gives Dept. authority to adopt a nationally recognized list by rule.
HB 38 Medicaid-provider reimbursement.
Requires the Department of Health to readjust reimbursement rates for all Medicaid providers in conjunction with the biennial budget process.
HB 39 Workers' compensation amendments.
Expands optional corporate officer coverage to sole proprietors and partners; allows optional owner coverage when no other employees are covered; revises distribution criteria for premium credits.
Authorizes the Department of Health to establish a statewide network of Aging and Disability Resource Centers (ADRC), to provide information on long term care and based on the expiring federal pilot ADRC program. Appropriates $1,500,000 from general fund for FY09-10.
Requires health insurers and HMO's to provide coverage for the insured's treatment as part of a research trial of new cancer drugs and treatments.
SF 34 State health and social welfare institutions.
Creates select legislative committee and governor's planning committee on state institutions; requires a 2-year study of and reports on the state's health and social welfare services programs and facilities. Appropriates $1,195,000.00 from general fund for period from effective date through FY10.
Authorizes Dept. of Health to award grants to hospitals, medical practices or community organizations to recruit out-of-state physicians; requires physician agreement to work in recruiting community for two years. Appropriates $890,000 from general fund for FY09-10.
SF 36 Public health emergencies-volunteers.
Provides civil immunity to retired/inactive health care providers who volunteer in a declared public health emergency; directs licensing boards to adopt rules for issuance of temporary licenses in an emergency; authorizes state health officer to issue temporary licenses pending board action.
MANAGEMENT AUDIT
SF 9 State retirement-board immunity.
This bill addresses immunity of public employee retirement system trustees and fiduciaries while they are acting within the scope of their duties. They would not be personally liable except in cases of willful misconduct or gross negligence.
MANAGEMENT COUNCIL
This bill corrects inadvertent errors in past legislation.
SF0048 Reporting requirements.
This bill modifies a number of state agency reporting requirements to the legislature or to legislative committees. The Legislature has undertaken a two year process to review reporting requirements and determine if those requirements should be repealed or modified. This is the first year of the process.
This bill increases legislative per diem from $85 to $109. It also provides that actual expenses in lieu of per diem may be paid if approved by management council policy.
SF0052 Boards and commissions-compensation.
The compensation of many boards and commissions is tied to legislative pay. This bill makes it clear that those references are references only to the rate of legislative pay and not to the days of authorized legislative pay.
SF0055 Appropriation for the legislature.
This bill contains appropriations for the legislature for the upcoming biennium.
SELECT NATURAL RESOURCE FUNDING COMMITTEE
SF0063 Natural Resource Large Project Funding.
This bill funds the large projects (those with a total appropriation over $200,000) approved by the Wyoming Wildlife and Natural Resource Funding Board for 2008. The bill also amends some of the provisions and appropriations for large projects sponsored in 2007.
This bill amends the Wyoming Wildlife and Natural Resource Funding Act to require initial legislative approval for all large projects approved by the Board, and then for every $200,000 approved for a large project. The bill also requires that the Board receive legislative approval before approving the funds to increase a small project (those with a total appropriation under $200,000) into a large project.
SELECT COMMITTEE on CAPITAL FINANCING and INVESTMENTS
SF 28 Investment of state funds-revisions.
This bill comprehensively modifies state investment statutes. It repeals executed provisions and conflicting provisions, rearranges current state investment statutes and clarifies and modifies the roles of the state treasurer and the state loan and investment board regarding state investments and state investment policies. The bill also clarifies application of the Uniform Prudent Investor Act to state investments.
SELECT COMMITTEE to study DEVELOPMENTAL PROGRAMS.
SF0047 Wyoming state training school amendments.
Changes name to Wyoming Disability Resource Center; removes archaic language; amends admission criteria, screening criteria and residents rights; provides for payment of employed residents; amends definitions; requires a report and rulemaking.
HB 52 Developmental programs-cost based reimbursements.
Requires Department of Health to adopt rules for a cost-based method of reimbursing service providers under the adult, children and acquirement brain injury home and community based waiver programs; requires adjustment of reimbursements every 2-4 years. Appropriates $3,886,115 from the general fund for FY09-10.
SELECT COMMITTEE on SCHOOL FACILITIES
HB 25 School building plan review exceptions.
Responds to requests by commission;
Allows required construction plan review by state fire marshal, as the state fire marshal does not impose a fee for review of state buildings. Intent is to eliminate costs associated with plan review fees charged to commission by local jurisdictions in changing classification of school buildings to a state building for purposes of state fire marshal plan review.
HB 27 Resident contractor preference law.
Responds to request by commission;
Restricts application of the 5% resident contractor preference in bidding public construction project contracts to projects of less than $5 million.
SF 17 School facilities-infrastructure costs.
Brought to Select Committee by School Facilities Commission;
Directs commission to ensure and enforce efficient and cost effective facility remedies;
Proposal responds to community demands during school facility project negotiations and proportion of costs assessed school facility projects in undertaking facility projects incurring infrastructure and other related costs;
Bill is in conjunction with proposed budget bill footnote noted below.
SF 22 School facilities-amendments.
Carries forward recommendations of commission;
Increases commission authority in local facility planning process and plan development, and eliminates required two-year plan amendment cycle;
Expands allowable expenditures from major maintenance account by granting additional authority to commission through rule and regulation;
Grants commission authority to approve construction and renovation agreements for facility projects;
Expands commission authority for site purchases and acquisitions;
Eliminates statutory distinction between minor and major capital construction project remedies by removing minor capital construction as a project remedy;
Eliminates separate account for emergency needs, and carries forward as a separate line item within commission budget;
Eliminates superfluous and fully executed provisions and accordingly modifies annual reporting requirements to Select Committee.
In addition, the Select Committee will support proposed budget bill amendment continuing initial $3 million in funding of infrastructure recommendations contained within the 2007 budget bill, and to continue same program components until commission has executed program and is in position to recommend permanent statutory program. The 2007 budget footnote established parameters for funding infrastructure costs associated with school facility projects in conjunction with local governments.
SELECT WATER COMMITTEE
HB0088 Omnibus water bill-planning.
The bill contains the annual authorization for Level I and Level II water development studies and provides appropriations therefor. Please see the bill for the numerous appropriations it contains.
SF0056 Omnibus water bill-construction.
The bill contains the annual authorization for the Level III construction of water projects which have previously completed the Level I and Level II stages. Please see the bill for the numerous appropriations it contains.
SELECT COMMITTEE on TRIBAL RELATIONS
HB 67 Intertribal education and community center.
Appropriates $1,100,000 to finalize the construction for the intertribal education and community center at Central Wyoming College. This funding completes the partial funding provided earlier to start the center.
SELECT COMMITTEE ON MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
SF0013 Mental Health Professions Practice Act-amendments.
This bill would amend the Mental Health Professions Practice Act by modifying certification and provisional licensing requirements and clarifying licensure and certification reciprocity.
HB0013 Psychologist licensure.
This bill would amend the psychologist licensing act by: providing for the applicability of the licensing act; removing separate licensing requirements related to school psychologists; revising the composition of the state board of psychology; providing for issuance of temporary licenses to practice psychology; revising the grounds and evidentiary standard for disciplinary actions; and, authorizing the state board to employ specified personnel.
SF0006 Costs for emergency detentions-limitations.
This bill would limit the costs that a county or the state may be required to pay for persons detained to determine whether the person is mentally ill and in need of involuntary hospitalization.
SF0010 Mental health and substance abuse appropriations.
This bill appropriates funding for a number of programs, including the Mental Health and Substance Abuse Division, the State Hospital and community-based mental health and substance abuse treatment programs, to enhance and expand access to the system of care for persons with mental illness or alcohol or substance abuse issues. The bill also continues the funding and authority for the Select Committee on Mental Health and Substance Abuse Services, through December 31, 2009. The appropriations within the bill for the biennium beginning July 1, 2008, and ending June 30, 2010, include: $2,333,600.00 for various substance abuse programs; and, $5,177,430.00 for mental health crisis stabilization beds. The bill also appropriates $60,000.00 for the period beginning July 1, 2008 and ending December 31, 2009, to allow the Select Committee to continue without interruption its study of mental health and substance abuse services in Wyoming.
HB0012 Veterans' mental health appropriations.
This bill appropriates funding to address mental health and substance abuse problems of military personnel and their families associated with participation in military conflicts in Iraq and Afghanistan. The appropriations, totaling $848,000.00 for the biennium beginning July 1, 2008, and ending June 30, 2010, would be used to: identify returning veterans and their families who may need mental health or substance abuse treatment services; reimburse screenings and assessments, travel, child care and other necessary expenses provided to such persons to access the needed services; and, to provide training to health care providers, employers and community leaders to improve help in treatment and reintegration for the soldiers.