ADOPTED HOUSE AMENDMENTS
THURSDAY, FEBRUARY 06, 2003
HB0046H3001/A
Page 10-line 2 After "committee" insert ", joint judiciary interim committee". SIMPSON
HB0080H3001/A
Page 4-line 14 In the Brechtel committee of the whole amendment (HB0080HW001/A) to this line after "district" insert "as evidenced by a passing grade or a certificate".
Page 6-line 2 Delete the Brechtel committee of the whole amendment (HB0080HW001/A) to this line and further amend as follows: delete "one (1) year" insert "six (6) months"; after "permit" insert ", or three (3) months if a driver's education program approved by the appropriate school district has been completed,".
Page 7-line 6 Delete "one (1) year" insert "six (6) months, or three (3) months if a driver's education program has been completed pursuant to this section,". SIMPSON
HB0143HS001/A
Page 2-lines 14 through 21 Delete entirely and insert:
"(i) Act as a party in any proceeding before the commission, with the same rights and subject to the same obligations and requirements, including confidentiality requirements, as other parties to the proceeding;
(ii) Appeal any final action or other action or inaction of the commission in proceedings in which the consumer advocate is a party before the commission;
(iii) Seek permission to appear as amicus curiae in any court proceeding in order to accomplish the purposes specified in this article;".
Page 3-line 6 After "as" insert "other parties before".
Page 4-line 13 After "(a)" delete balance of the line and insert "Four hundred eighteen thousand, five hundred dollars ($418,500.00)".
Page 4-line 16 After "position," insert "additional positions authorized by this act,".
Page 4-line 20 Delete "Four (4)" insert "Six (6)".
Page 5-line 4 After "37-2-403." insert "In addition to the administrator position and the transfer of three (3) existing positions, two (2) additional full-time positions are authorized for the office of consumer advocate. The administrator of the office shall be subject to the provisions of W.S. 9-1-202. All other positions of the office shall be employed in accordance with personnel rules adopted by the personnel division of the department of administration and information. Nothing in this act shall be deemed to affect the property interests of current permanent employees transferred to the office of consumer advocate pursuant to this act.". ROSS, CHAIRMAN
HB0143HW001/AC CORRECTED
(CORRECTED COPY)
Page 2-line 8 After "." insert "In the exercise of its powers the office of the consumer advocate shall balance the interests of those it represents with the interests of the public utilities, considering all relevant factors, including, but not limited to, the provision of safe, efficient and reliable utility services at reasonable prices.".
Page 3-line 3 Delete ";" insert ".".
Page 3-lines 5 through 7 Delete entirely, including the standing committee amendment (HB0143HS001/A) to these lines and insert:
"(b) In any commission docketed case initiated by the regulated company in which the consumer advocate is a party, the consumer advocate shall have the same access to books, maps, contracts, reports and records of every description as the commission. For all other instances, the consumer advocate shall have the same access as other parties.".
Page 3-line 9 Delete "(b)" insert "(c)". ROSS
HB0146H2001/A
Page 1-line 14 Delete "in writing". ANDERSON, R.
HB0149HS001/A
That Substitute No. 1 for HB0149 DO Pass. ROSS, CHAIRMAN
HB0149HW001/A
[TO SUBSTITUTE BILL No. 1]
Page 1-line 4 After ";" insert "conforming provisions;".
Page 21-line 17 Delete "and" insert ",".
Page 21-line 18 Before "are" insert ", 33-23-101(e), 35-1-401(a)(x) and 35-17-106(a)(i) through (iii)".
Page 22-after line 10 Insert:
"33-23-101. Definitions and exceptions.
(e) Nothing in W.S.
33-23-101 through 33-23-116 33-23-117 shall prevent an optometrist from using
assistants in his practice under his direct personal supervision in the office
in which the optometrist practices his profession.
35-1-401. Definitions.
(a) As used in this act:
(x) "Physician"
means a person authorized or licensed to practice medicine as provided in W.S.
33-26-101 through 33-26-511 33-26-601;
35-17-106. Election to be covered by federal immunity.
(a) The state of Wyoming elects to be immediately covered by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, as of the effective date of this section for all health care professional review bodies as defined in the act and for:
(i) The board of dental
examiners, W.S. 33-15-101 through 33-15-128 33-15-131;
(ii) The state board of
nursing, W.S. 33-21-120 through 33-21-156 33-23-157;
(iii) The state board
of examiners in optometry, W.S. 33-23-101 through 33-23-115
33-23-117;". ROSS
HB0149HW002/A
[TO SUBSTITUTE BILL No. 1]
Page 1-line 3 Delete "nurses,".
Page 1-line 9 Delete "33-21-157,".
Page 8-lines 7 through 22 Delete entirely.
Page 9-lines 1 through 24 Delete entirely.
Page 10-lines 1 through 24 Delete entirely.
Page 11-lines 2 through 24 Delete entirely.
Page 12-lines 2 through 9 Delete entirely.
Page 21-line 17 In the Ross committee of the whole amendment (HB0149HW001/A) to this line, delete ",".
Page 21-line 18 Delete "33-21-120(a)(xii)".
Page 22-lines 5 through 10 Delete.
Page 22-after
line 10 In the Ross committee of the whole amendment
(HB0149HW001/A) to this line, in W.S. 35-17-106, delete
"(ii) The state board of nursing, W.S. 33-21-120 through 33-21-156 33-23-157;".
ROSS
HB0152HS001/A
Page 2-line 20 After "2004." insert "Medicaid reimbursement rates for skilled nursing homes services established on July 1, 2002, shall be adjusted on July 1, 2003, to conform to the provisions of this act.". OSBORN, CHAIRMAN
HB0152HS002/A
Page 1-line 4 Delete "providing an appropriation;".
Page 2-lines 16 through 20 Delete entirely, including the first standing committee amendment (HB0152HS001/A) to these lines.
Renumber as necessary. NICHOLAS, CHAIRMAN
HB0152HW001/A
Page 2-line 12 After "(ii)" insert "For the state fiscal year beginning July 1, 2003 and ending June 30, 2004,". MEYER
HB0175HS001/A
Page 8-line 12 Delete "a member of the Wyoming medical society" insert "licensed in the state of Wyoming with a special interest in pulmonary medicine".
Page 8-line 20 After "board" insert "." and delete balance of the line.
Page 8-line 21 Delete.
Page 8-line 22 Delete "care.".
Page 9-line 14 Delete "one (1) year" insert "three (3) years".
Page 13-line 10 Delete "other".
Page 16-line 3 After "days." insert "Upon notification that a student in an approved program who has received a temporary permit under this section fails to successfully complete the program, the board shall revoke the temporary permit.". OSBORN, CHAIRMAN
HB0175HW001/A
Page 12-line 8 After "appropriate" insert ", including adopting and publishing a code of ethics".
Page 20-lines 10 through 17 Delete entirely and insert:
"(iii) Is addicted to a drug or intoxicant to a degree to render the licensee unsafe or unfit to practice respiratory care;
(iv) Is guilty of unprofessional conduct as defined by the rules established by the board, or has violated the code of ethics adopted and published by the board;".
Renumber as necessary. MEULI
HB0221H3001/A
Page 2-line 22 After "business" delete balance of the line.
Page 2-line 23 Delete the line through "business". BUCHOLZ
HB0221H3002/A
Page 2-line 21 After "business" insert "and the land line telephone number of the business"; after "A" insert "land line". BUCHOLZ
HB0221H3003/A
Page 11-line 6 Delete "such". ROBINSON
HB0225HS001/A
Page 1-line 13 Delete "9-4-1209" insert "9-4-1210".
Page 15-lines 14 through 16 Delete.
Page 15-line 18 Delete "9-4-1201" insert "9-4-1210".
Page 15-lines 22 and 23Delete entirely and insert:
"(i) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings" and "100s" and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors or any other indicia of product identification identical, similar to or identifiable with a previously known brand of cigarettes;
(ii) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(A) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(B) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(C) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A) of this paragraph. The term "cigarette" includes "roll-your-own" meaning any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of "roll your own" cigarettes, nine one-hundredths (.09) ounces of "roll-your-own" tobacco shall constitute one (1) individual cigarette.
(iii) "Department" means the Wyoming department of revenue;
(iv) "Licensed wholesaler" means a person authorized to affix tax stamps to packages or other containers or cigarettes under W.S. 39‑18‑102(a) or any person who is required to pay the cigarette tax imposed under W.S. 39‑18‑103;
(v) "Master settlement agreement" means the settlement agreement, and related documents, entered into on November 23, 1998 by the state and leading United States tobacco product manufacturers;
(vi) "Nonparticipating manufacturer" means any tobacco product manufacturer who is not a participating manufacturer;
(vii) "Participating manufacturer" means as defined in section II(jj) of the master settlement agreement;
(viii) "Qualified escrow fund" means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000.00) where the arrangement requires that the financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with W.S. 9-4-1202(b);
(ix) "Tobacco product manufacturer" means, but shall not include an affiliate of a tobacco product manufacturer unless the affiliate itself falls within any of subparagraphs (A) through (C) of this paragraph, an entity that after the date of enactment of this act directly and not exclusively through any affiliate:
(A) Manufactures cigarettes anywhere that the manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer, (except where the importer is an original participating manufacturer, as that term is defined in the master settlement agreement, who will be responsible for the payments under the master settlement agreement with respect to the cigarettes as a result of the provisions of subsection II(mm) of the master settlement agreement and who pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of the cigarettes does not market or advertise the cigarettes in the United States);
(B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
(C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.
(x) "Units sold" means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs, or "roll-your-own" tobacco containers, bearing the excise tax stamp of the state. The department of revenue shall promulgate regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year;
(xi) "This act" means W.S. 9-4-1205 through 9-4-1210.".
Page 16-lines 1 through 22 Delete.
Page 17-lines 1 through 3 Delete entirely and insert:
"Section 2. W.S. 39-18-106(a) is amended to read:". OSBORN
HB0231HS001/A
Page 1-line 3 Delete "separation" insert "retirement".
Page 1-line 16 Delete "separation" insert "retirement".
Page 2-line 5 Delete "separation" insert "retirement"; after "employment." delete balance of the line.
Page 2-line 6 Delete.
Page 2-line 7 Delete the line through "hours." NICHOLAS, CHAIRMAN
HB0233HW001/A
Page 2-line 17 After "extended." insert "Not less than thirty (30) days prior to the date of expiration of confidentiality, the state geologist shall mail by certified mail, return receipt requested, a notice of the date of expiration to the person or legal entity who filed the documents. The return of a notice sent pursuant to this paragraph or communications by the postal service as undeliverable shall be evidence that the person or legal entity does not wish to extend the period of confidentiality.". CHILDERS
HB0260HS001/A
Page 1-line 6 After "definitions;" insert "providing for cooperation with the department of health as specified;".
Page 3-after line 18 Insert:
"(d) The department may cooperate and enter into agreements with the department of health to implement the purposes of this section. The agreements may provide for the expenditure of funds appropriated to the department of health which are not otherwise restricted.". OSBORN, CHAIRMAN