ORIGINAL HOUSE ENGROSSED

BILL NO. 0020

ENROLLED ACT NO. 120, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to a revision of inadvertent errors;
correcting statutory references and language that were
erroneously made to the statutes as a result of legislation
previously adopted by the legislature; providing for
application as specified; and providing for an effective
date.

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

Section 1. W.S. 6-1-104(a)(vi)(H), 7-2-101(a)(iv)(J),
9-2-407(a), 9-2-408(a), 9-3-424(a), 9-4-713(g), 9-4-834(a),
21-3-111(a)(ii), 21-17-105(d)(intro), 22-24-112(b)(intro),
23-2-401(a), 39-13-108(e)(iii)(C), 39–14–105(b)(i)(A) and
(ii)(A), 39–14-111(e), 39-14-711(b)(ii) and
40-10-117(a)(xv) are amended to read:

6-1-104.  Definitions.

(a) As used in W.S. 6-1-101 through 6-10-203 unless
otherwise defined:

(vi) "Peace officer" includes the following
officers assigned to duty in the state of Wyoming:

(H) Investigators employed by the Wyoming
state board of outfitters and professional guides and
qualified pursuant to W.S. 9-1-701 through 9-1-707, when
enforcing W.S. 23-2-401 and 23-2-406 through 23-2-417
23-2-418 and board rules and regulations promulgated under
W.S. 23-2-410(a)(ii);

7-2-101. Definitions.

(a) As used in W.S. 7-2-101 through 7-2-105:

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(iv) "Peace officer" means:

(J) Investigators employed by the Wyoming
state board of outfitters and professional guides and
qualified pursuant to W.S. 9-1-701 through 9-1-707, when
enforcing W.S. 23-2-401 and 23-2-406 through 23-2-417
23-2-418 and board rules and regulations promulgated under
W.S. 23-2-410(a)(ii);

9-2-407. Director; duties regarding public records in
his custody.

(a) The director shall collect, arrange and make
available to the public at reasonable times in his office
in original form, copies or microfilm copies or negatives,
all records in his custody not restricted by law, including
official records of the state and its political
subdivisions, of the United States or of foreign nations.
He is the legal custodian of all public records in the
custody of the board Wyoming parks and cultural resources
commission.

9-2-408. Transfer of public records to archives or
other depository agency; transfer of records of
uncollectible accounts receivable to department; duties of
department thereto.

(a) All public records, not required in the current
operation of the office where they are made or kept, and
all records of every public office of the state, agency,
commission, committee or any other activity of the state or
political subdivisions which are abolished or discontinued,
shall be transferred to the state archives or to a
recognized supplementary depository agency, selected by the
board Wyoming parks and cultural resources commission. Any
public officer in Wyoming may deliver to the director for

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preservation and administration records in his custody if
the director is willing and able to receive and care for
them.

9-3-424. Refund of contributions upon termination of
employment; procedure; redeposit; limitation on refund.

(a) Except as provided in subsection (b) of this
section, any member covered by this article, including an
at-will contract employee under W.S.
9-2-1022(a)(ix)(F)(III) 9-2-1022(a)(xi)(F)(III) or (IV),
who terminates his employment or any employee of the
agricultural extension service of the University of Wyoming
who has not elected to continue to be covered by this
article is entitled to a refund of his account. In
addition, any member who is entitled to a refund who is an
at-will contract employee under W.S.
9-2-1022(a)(ix)(F)(III) 9-2-1022(a)(xi)(F)(III), shall be
entitled to a refund of all contributions made to his
account plus any employer matching contributions made by
that member. In addition, any member who is entitled to a
refund who is an at-will contract employee under W.S.
9-2-1022(a)(ix)(F)(IV) 9-2-1022(a)(xi)(F)(IV), shall be
entitled to a refund of all contributions made to his
account including any employer matching contributions made
by that member. The refunds shall be made only upon written
request to the board. Any member who withdraws from the
system under this section shall forfeit all rights to
further benefits, employer matching contributions and
service credit under the system. Any person who later
returns to service covered by this article may redeposit
the amount of the contributions withdrawn, in lump sum,
together with regular interest, and upon earning not less
than two (2) years service credit, may reestablish his
service credits as of the time of withdrawal of his
contributions. Any redeposit payment pursuant to this

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subsection shall be made not later than seven (7) years
following the date of reemployment or prior to retirement,
whichever first occurs.

9-4-713. Investment earnings spending policy-
permanent funds.

(g) There is annually appropriated from the general
fund to the common school permanent fund reserve account an
amount determined under this subsection. The amount shall
be computed and calculated by the state treasurer. The
amount shall be equal to the extent to which earnings from
the common school account within the permanent land fund
under W.S. 9-4-204(k) exceed the spending policy
established in subsection (g) (h) of this section for that
fiscal year. The appropriation shall be credited to the
fund account as soon as practicable after the end of the
fiscal year but no later than ninety (90) days after the
end of the fiscal year.

9-4-834. Investment of permanent funds.

(a) To the extent constitutionally allowed, the state
treasurer, or his designee, which shall be registered under
the Investment Advisor's Act of 1940 as amended, or any
bank as defined in the act, upon written authority, may
invest monies in the permanent fund accounts, in securities
authorized by law, provided not more than fifty-five
percent (55%) shall be invested in common stocks. As used
in this section, "permanent fund accounts" means the
permanent Wyoming mineral trust fund under W.S.
9-4-204(a)(xi) and the permanent land fund under W.S.
9-4-204(ix) 9-4-204(a)(ix), including revenues credited to
that fund under W.S. 9-4-605(j), and the reserve accounts
created under W.S. 9-4-713(b) and (f).

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21-3-111. Powers of boards of trustees.

(a) The board of trustees in each school district
within the state may:

(ii) Acquire, hold, convey, lease, rent, and
manage property, real and personal, for the benefit of the
school district in the name by which the district is
designated, either alone or jointly with another public or
private agency, institution, person, or corporation. This
includes capital leasing under W.S. 21-15-113 21-15-112;

21-17-105. Tuition to be as nearly free as possible;
number, qualifications and selection of tuition-free
students; reciprocal residency.

(d) Any person including the spouse and any child of
that person shall qualify as a resident for purposes of
tuition at the university and at community colleges if:

22-24-112. Petitions; circulation; contests.

(b) Any person may contest the qualifications of an
individual designated as a circulator by filing a petition
in the justice of the peace court or county circuit court
within the county where the circulator was soliciting
signatures or in the district court within ten (10) days of
the solicitation activity. The court shall hear and decide
any such action within five (5) days from the date the
petition is filed. Among the criteria the court may use in
determining the qualifications of the circulator are the
following:

23-2-401. Guides required; exceptions; issuance of
resident guide license.

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(a) Except as provided under subsection (d) of this
section, No nonresident shall hunt big or trophy game
animals on any designated wilderness area, as defined by
federal or state law, in this state unless accompanied by a
licensed professional guide or a resident guide. There
shall be at least one (1) licensed professional guide or
resident guide accompanying each two (2) nonresident
hunters. The commission may also specify other areas of the
state, or specific big or trophy game species, for which a
licensed professional or resident guide is required for
nonresidents, for purposes of proper game management,
protection of hunter welfare and safety, or better
enforcement of game and fish laws. The commission may allow
licensed guides to accompany more than two (2) hunters but
no more than six (6) hunters in specific areas.

39-13-108. Enforcement.

(e) Tax sales. The following shall apply:

(iii) The following shall apply to the time and
place of sale, the purchasers, unsold property and the
certificate of purchase:

(C) Following completion of the sale the
county treasurer upon payment of the fee provided by
subparagraph (ix)(C) (ix)(B) of this subsection shall make
out, sign and deliver a certificate of purchase to the
purchaser, or to the county in the event real property was
bid in for the county without fee. The certificate of
purchase shall describe the real property purchased, taxes
and costs paid and shall state the amount of any special
assessments for local or public improvements. Certificates
of purchase may be assigned by endorsement and assignment
vests all right and title of the original purchaser in the
assignee or his legal representatives. The county treasurer

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shall also note in the margin of the delinquent tax roll
the certificate of purchase number and the amount for which
the property was sold;

39-14-105. Exemptions.

(b) Notwithstanding W.S. 39-14-104 and effective
January 1, 1999, when the application of taxes under W.S.
39-14-104 results in a tax on a ton of surface mined coal
in excess of sixty cents ($.60), or thirty cents ($.30) on
a ton of underground mined coal, the coal is exempt from
the tax which exceeds the maximum amount per ton. This
exemption shall be applicable to:

(i) New agreements entered into between March
31, 1987, and December 31, 2003, if:

(A) The application of the taxes in W.S.
39-14-104 results in a tax on a ton of surface mined coal
in excess of eighty cents ($.80) sixty cents ($.60), or
thirty cents ($.30) on a ton of underground mined coal at
the time the agreement is entered and the coal is first
produced under the agreement;

(ii) New agreements entered into between January
1, 1987, and December 31, 2003, to supply coal to a
facility in the planning stage or under construction at the
time the new agreement is entered if:

(A) The application of the taxes in W.S.
39-14-104 results in a tax on a ton of surface mined coal
in excess of eighty cents ($.80) sixty cents ($.60), or
thirty cents ($.30) on a ton of underground mined coal at
the time the agreement is entered and the coal is first
produced under the agreement;

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39-14-111. Distribution.

(e) If the cumulative taxes levied against coal in
this section do not exceed eighty cents ($.80) sixty cents
($.60) per ton of surface mined coal, or thirty cents
($.30) per ton of underground mined coal, the tax proceeds
shall be distributed in the manner provided in this
section. If the cumulative taxes in this section exceed
eighty cents ($.80) sixty cents ($.60) per ton of surface
mined coal, or thirty cents ($.30) per ton of underground
mined coal, so that the eighty cent ($.80) per ton limit
imposed by W.S. 39-14-105(b) becomes operative, an amount
equal to one and one-half percent (1.5%) of the value of
the gross product of coal extracted shall be deducted from
the total tax proceeds for deposit in the permanent mineral
trust fund and the remaining proceeds shall be distributed
on a pro rata basis for the purposes specified in this
section and any other applicable law.

39-14-711. Distribution.

(b) All payments received pursuant to W.S.
39-14-707(b)(iii) shall be transferred to an account of the
trust and agency fund. The monies in this account shall be
invested or deposited in accordance with W.S. 9-4-701
through 9-4-831, and any interest earned shall be credited
to the general fund. The revenue under W.S.
39-14-707(b)(iii) shall be distributed in accordance with
this section, subject to the following and except as
otherwise provided by law for fiscal year 1994:

(ii) Revenues which are earned and received
during the first three (3) calendar quarters of the fiscal
year shall be distributed within the first ten (10) fifteen
(15) days of October, January and April. For the last
quarter of each fiscal year, revenues earned or received

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shall be distributed not later than June 30. In computing
distributions for the last quarter, the state treasurer
shall use the most recent consensus revenue estimating
group estimates to the extent that earnings cannot be
determined by June 30. Not later than September 15, the
state treasurer shall compute the actual earnings for the
last quarter of the preceding fiscal year and make
adjustments to the October distributions in an amount equal
to the difference between revenues earned and actual
distributions for the preceding fiscal year.

40-10-117. Definitions.

(a) When used in this act:

(xv) "This act" means W.S. 40-10-117 through
40-10-135 40-10-136.

Section 2.  W.S. 6-1-104(a)(vi)(D) and
7-2-101(a)(iv)(D) are amended to read:

6-1-104.  Definitions.

(a) As used in W.S. 6-1-101 through 6-10-203 unless
otherwise defined:

(vi) "Peace officer" includes the following
officers assigned to duty in the state of Wyoming:

(D) Agents of the division of criminal
investigation appointed pursuant to W.S. 9-1-613 and
capitol police designated under W.S. 9-1-612 who have
qualified pursuant to W.S. 9-1-701 through 9-1-707;

7-2-101. Definitions.

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(a) As used in W.S. 7-2-101 through 7-2-105:

(iv) "Peace officer" means:

(D) Agents of the division of criminal
investigation appointed pursuant to W.S. 9-1-613 and
capitol police designated under W.S. 9-1-612 who have
qualified pursuant to W.S. 9-1-701 through 9-1-707;

Section 3.

(a)  Except as provided by subsection (b) of this
section, any other act adopted by the Wyoming legislature
during the same session in which this act is adopted shall
be given precedence and shall prevail over the amendments
in this act to the extent that such acts are in conflict
with this act.

(b) Section 2 of this act shall be given precedence
over other acts enacted during the 2001 legislative
session.

Section 4. Notwithstanding section 2 of this act, W.S.
29-8-104(a)(iv) as enacted by the 2001 legislature by House
Enrolled Act 84, being original House Bill 0066, is amended
to read:

29-8-104. Extent of lien; priority.

(a) The lien shall be to the extent of:

(iv) If the farm product is processed by the
processor, contractor, warehouse operator or commodity
dealer and there is no property of the type described in
paragraph (ii) or (iii) of this subsection to which the
lien can attach, then the lien shall extend to any property

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of the processor, contractor, warehouse operator or
commodity dealer that may be subject to a security interest
as provided by W.S. 34.1-9-102 34.1-9-109.

Section 5. This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.

(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

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