HB0020 - Revisor's bill-2.
2001 |
State of Wyoming |
01LSO-0230 |
HOUSE BILL NO. HB0020
Revisor's bill-2.
Sponsored by: Management Council
A BILL
for
1 AN ACT relating to a
revision of inadvertent errors;
2
correcting statutory references and language that were
3 erroneously
made to the statutes as a result of legislation
4
previously adopted by the legislature; providing for
5
application as specified; and providing for an effective
6
date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 6-1-104(a)(vi)(H), 7-2-101(a)(iv)(J),
11 9-2-407(a), 9-2-408(a), 9-3-424(a),
9-4-713(g), 9-4-834(a),
12 21-3-111(a)(ii), 21-17-105(d)(intro),
22-24-112(b)(intro),
13 23-2-401(a), 39-13-108(e)(iii)(C),
39-14-711(b)(ii) and
14 40-10-117(a)(xv) are amended to
read:
15
16 6-1-104. Definitions.
17
Page 1
1 (a) As used in
W.S. 6-1-101 through 6-10-203 unless
2
otherwise defined:
3
4 (vi) "Peace
officer" includes the following
5
officers assigned to duty in the state of Wyoming:
6
7 (H) Investigators
employed by the Wyoming
8
state board of outfitters and professional guides and
9
qualified pursuant to W.S. 9-1-701 through 9-1-707, when
10 enforcing W.S. 23-2-401 and 23-2-406 through
23-2-417 11 23-2-418
and board rules and regulations promulgated under
12 W.S. 23-2-410(a)(ii);
13
14 7-2-101. Definitions.
15
16 (a) As used in W.S. 7-2-101 through 7-2-105:
17
18 (iv) "Peace officer" means:
19
20 (J) Investigators
employed by the Wyoming
21 state board of outfitters and professional
guides and
22 qualified pursuant to W.S. 9-1-701 through 9-1-707,
when
23 enforcing W.S. 23-2-401 and 23-2-406 through
23-2-417
Page 2
1 23-2-418 and board rules and regulations
promulgated under
2 W.S.
23-2-410(a)(ii);
3
4 9-2-407. Director; duties regarding
public records in
5 his custody.
6
7 (a) The
director shall collect, arrange and make
8
available to the public at reasonable times in his office
9 in
original form, copies or microfilm copies or negatives,
10 all records in his custody not restricted by
law, including
11 official records of the state and its
political
12 subdivisions, of the United States or of
foreign nations.
13 He is the legal custodian of all public
records in the
14 custody of the board
Wyoming parks and cultural resources
15 commission.
16
17 9-2-408. Transfer of public records
to archives or
18 other depository agency; transfer of records of
19 uncollectible accounts receivable to department; duties of
20 department thereto.
21
22 (a) All public
records, not required in the current
23 operation of the office where they are made
or kept, and
24 all records of every public office of the
state, agency,
Page 3
1
commission, committee or any other activity of the state or
2
political subdivisions which are abolished or discontinued,
3
shall be transferred to the state archives or to a
4
recognized supplementary depository agency, selected by the
5 board Wyoming parks
and cultural resources commission. Any
6
public officer in Wyoming may deliver to the director for
7
preservation and administration records in his custody if
8 the
director is willing and able to receive and care for
9
them.
10
11 9-3-424. Refund of contributions upon
termination of
12 employment; procedure; redeposit; limitation on refund.
13
14 (a) Except as
provided in subsection (b) of this
15 section, any member covered by this article,
including an
16 at-will contract employee under W.S.
17 9-2-1022(a)(ix)(F)(III)
9-2-1022(a)(xi)(F)(III) or
(IV),
18 who terminates his employment or any
employee of the
19 agricultural extension service of the
University of Wyoming
20 who has not elected to continue to be
covered by this
21 article is entitled to a refund of his
account. In
22 addition, any member who is entitled to a
refund who is an
23 at-will contract employee under W.S.
24 9-2-1022(a)(ix)(F)(III)
9-2-1022(a)(xi)(F)(III), shall
be
Page 4
1 entitled
to a refund of all contributions made to his
2
account plus any employer matching contributions made by
3
that member. In addition, any member who is entitled to a
4
refund who is an at-will contract employee under W.S.
5 9-2-1022(a)(ix)(F)(IV) 9-2-1022(a)(xi)(F)(IV), shall be
6
entitled to a refund of all contributions made to his
7
account including any employer matching contributions made
8 by
that member. The refunds shall be made only upon written
9
request to the board. Any member who withdraws from the
10 system under this section shall forfeit all
rights to
11 further benefits, employer matching
contributions and
12 service credit under the system. Any person
who later
13 returns to service covered by this article
may redeposit
14 the amount of the contributions withdrawn,
in lump sum,
15 together with regular interest, and upon
earning not less
16 than two (2) years service credit, may
reestablish his
17 service credits as of the time of withdrawal
of his
18 contributions. Any redeposit payment
pursuant to this
19 subsection shall be made not later than
seven (7) years
20 following the date of reemployment or prior
to retirement,
21 whichever first occurs.
22
23 9-4-713. Investment earnings spending
policy -
24 permanent funds.
Page 5
1
2 (g) There is
annually appropriated from the general
3
fund to the common school permanent fund reserve account an
4
amount determined under this subsection. The amount shall
5 be
computed and calculated by the state treasurer. The
6
amount shall be equal to the extent to which earnings from
7 the
common school account within the permanent land fund
8
under W.S. 9-4-204(k) exceed the spending policy
9
established in subsection (g) (h) of this section for that
10 fiscal year. The appropriation shall be
credited to the
11 fund account as soon as practicable after the end of
the
12 fiscal year but no later than ninety (90)
days after the
13 end of the fiscal year.
14
15 9-4-834. Investment of permanent funds.
16
17 (a) To the
extent constitutionally allowed, the state
18 treasurer, or his designee, which shall be
registered under
19 the Investment Advisor's Act of 1940 as
amended, or any
20 bank as defined in the act, upon written
authority, may
21 invest monies in the permanent fund
accounts, in securities
22 authorized by law, provided not more than
fifty-five
23 percent (55%) shall be invested in common
stocks. As used
24 in this section, "permanent fund accounts"
means the
Page 6
1
permanent Wyoming mineral trust fund under W.S.
2 9-4-204(a)(xi)
and the permanent land fund under W.S.
3 9-4-204(ix) 9-4-204(a)(ix),
including revenues credited to
4
that fund under W.S. 9-4-605(j), and the reserve accounts
5
created under W.S. 9-4-713(b) and (f).
6
7 21-3-111. Powers of boards of trustees.
8
9 (a) The board
of trustees in each school district
10 within the state may:
11
12 (ii) Acquire,
hold, convey, lease, rent, and
13 manage property, real and personal, for the
benefit of the
14 school district in the name by which the
district is
15 designated, either alone or jointly with
another public or
16 private agency, institution, person, or
corporation. This
17 includes capital leasing under W.S. 21-15-113 21-15-112;
18
19 21-17-105. Tuition to be as nearly free
as possible;
20 number, qualifications and selection of tuition-free
21 students; reciprocal residency.
22
Page 7
1 (d) Any person
including the spouse and any child of
2
that person shall qualify as a resident for purposes of
3
tuition at the university and at community
colleges if:
4
5 22-24-112. Petitions; circulation; contests.
6
7 (b) Any person
may contest the qualifications of an
8
individual designated as a circulator by filing a petition
9 in
the justice of the peace court or county circuit court
10 within the county where the circulator was
soliciting
11 signatures or in the district court within
ten (10) days of
12 the solicitation activity. The court shall
hear and decide
13 any such action within five (5) days from
the date the
14 petition is filed. Among the criteria the
court may use in
15 determining the qualifications of the
circulator are the
16 following:
17
18 23-2-401. Guides required; exceptions;
issuance of
19 resident guide license.
20
21 (a) Except as provided under subsection (d) of this 22
section,
No nonresident shall hunt big
or trophy game
23 animals on any designated wilderness area,
as defined by
24 federal or state law, in this state unless
accompanied by a
Page 8
1
licensed professional guide or a resident guide. There
2
shall be at least one (1) licensed professional guide or
3
resident guide accompanying each two (2) nonresident
4 hunters. The commission may also specify other areas of the
5
state, or specific big or trophy game species, for which a
6
licensed professional or resident guide is required for
7
nonresidents, for purposes of proper game management,
8
protection of hunter welfare and safety, or better
9
enforcement of game and fish laws.
The commission may allow
10 licensed guides to accompany more than two
(2) hunters but
11 no more than six (6) hunters in specific
areas.
12
13 39-13-108. Enforcement.
14
15 (e) Tax sales. The following shall apply:
16
17 (iii) The
following shall apply to the time and
18 place of sale, the purchasers, unsold
property and the
19 certificate of purchase:
20
21 (C) Following
completion of the sale the
22 county treasurer upon payment of the fee
provided by
23 subparagraph (ix)(C)
(ix)(B) of this subsection
shall make
24 out, sign and deliver a certificate of
purchase to the
Page 9
1
purchaser, or to the county in the event real property was
2 bid
in for the county without fee. The certificate of
3
purchase shall describe the real property purchased, taxes
4 and
costs paid and shall state the amount of any special
5
assessments for local or public improvements. Certificates
6 of
purchase may be assigned by endorsement and assignment
7
vests all right and title of the original purchaser in the
8
assignee or his legal representatives. The county treasurer
9
shall also note in the margin of the delinquent tax roll
10 the certificate of purchase number and the
amount for which
11 the property was sold;
12
13 39-14-711. Distribution.
14
15 (b) All
payments received pursuant to W.S.
16 39-14-707(b)(iii) shall be transferred to an
account of the
17 trust and agency fund. The monies in this
account shall be
18 invested or deposited in accordance with
W.S. 9-4-701
19 through 9-4-831, and any interest earned
shall be credited
20 to the general fund. The revenue under W.S.
21 39-14-707(b)(iii) shall be distributed in
accordance with
22 this section, subject to the following and
except as
23 otherwise provided by law for fiscal year
1994:
24
Page 10
1 (ii) Revenues
which are earned and received
2
during the first three (3) calendar quarters of the fiscal
3
year shall be distributed within the first ten
(10) fifteen
4 (15) days of October, January and April. For the
last
5
quarter of each fiscal year, revenues earned or received
6 shall
be distributed not later than June 30. In computing
7
distributions for the last quarter, the state treasurer
8
shall use the most recent consensus revenue estimating
9
group estimates to the extent that earnings cannot be
10 determined by June 30. Not later than
September 15, the
11 state treasurer shall compute the actual
earnings for the
12 last quarter of the preceding fiscal year
and make
13 adjustments to the October distributions in
an amount equal
14 to the difference between revenues earned
and actual
15 distributions for the preceding fiscal year.
16
17 40-10-117. Definitions.
18
19 (a) When used in this act:
20
21 (xv) "This
act" means W.S. 40-10-117 through
22 40-10-135 40-10-136.
23
Page 11
1 Section 2. Any other act adopted by the Wyoming
2
legislature during the same session in which this act is
3
adopted shall be given precedence and shall prevail over
4 the
amendments in this act to the extent that such acts are
5 in
conflict with this act.
6
7 Section 3. This act is effective immediately upon
8
completion of all acts necessary for a bill to become law
9 as
provided by Article 4, Section 8 of the Wyoming
10 Constitution.
11
12 (END)
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