ADOPTED HOUSE AMENDMENTS

 

WEDNESDAY, FEBRUARY 12, 2003

 

HB0078H2003/A

 

Page 1-line 13     After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "providing for a review of a proposed funding model;".

 

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

 

"[SECTION 9.  PROPOSED FUNDING MODEL REVIEW]

 

Section 901.  The joint education interim committee shall require a review of the school funding model proposed by the Wyoming school boards association, the Wyoming association of school administrators and the Wyoming association of school business officials.  This review shall be conducted with the assistance of committee staff, the state department of education, the attorney general's office and necessary expertise from the University of Wyoming.  The review conducted pursuant to this section shall be completed in sufficient time to report its initial findings to the joint education interim committee by October 1, 2003.".

 

Page 23-line 13    After "(e)" delete balance of line.

 

Page 23-line 14    Delete "($325,000.00)" insert "Three hundred thousand dollars ($300,000.00)".

 

Page 25-After line 8 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

 

"(m)  Twenty-five thousand dollars ($25,000.00) is appropriated from the general fund to the legislative service office to fund implementation of section 901 of this act.".

Page 25-line 19    Delete the first standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ",901 and 1001".   MCOMIE

 

HB0078H2005/AC CORRECTED

 (CORRECTED COPY)

 

Page 1-line 13     After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "modifying charter school provisions as specified;".

 

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

 

"[SECTION 9.  CHARTER SCHOOL AMENDMENTS]

 

Section 901.  W.S. 21‑3‑303(b), 21‑3‑307(a) by creating a new paragraph (xxii) and 21‑3‑314(a)(ii) and by creating a new paragraph (iv) and (e) are amended to read:

 

21‑3‑303.  Charter school prohibitions.

 

(b)  No charter shall be granted under this article if it is determined that its sole purpose is to avoid consolidation or closure of any school or district.  For purposes of this subsection, consolidation or closure applies regardless of grade configuration, building location or school or district name.".

 

21‑3‑307.  Charter application; contents.

 

(a)  The charter school application shall be a proposed agreement and shall include:

 

(xxii)  A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation.

 

21‑3‑314.  Students counted among district ADM; determination of charter school funding.

 

(a)  Each student attending a charter school shall be counted among the average daily membership of the school district in which the school is located. Average daily membership of the school district shall for purposes of charter school membership, be calculated as follows:

 

(ii)  In the second year and all subsequent years and except as otherwise provided under paragraph (iv) of this subsection, the average daily membership of the charter school shall be counted only among the average daily membership of the school district;

 

(iv)  In the second and third year of charter school operation, any increase in the average daily membership of a charter school resulting from the sixty (60) day recalculation for that school on the date specified by W.S. 21‑13‑309(q)(i) shall be multiplied by the foundation amount for that district as computed under W.S. 21‑13‑309(p).  The increase in foundation funds received by the district under this paragraph shall be applied by the district to that charter school in determining funding under subsections (c) and (d) of this section.

 

(e)  In lieu of paragraph (a)(iv) and subsections (c) and (d) of this section, the district and the charter school applicant may by mutual agreement fund the charter school through a specific budget for the charter school.".

 

Page 25-line 19    Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ", 901 and 1001".

 

The intent of this amendment is that section 901, as created by this amendment, is effective immediately.  WASSERBURGER

 

HB0078H2007/A

 

Delete the McOmie second reading amendment (HB0078H2003/A) entirely.

 

Further amend as follows:

 

Page 1-line 3      After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "providing for a review of a proposed funding model;".

 

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

 

"[SECTION 9.  PROPOSED FUNDING MODEL REVIEW]

 

Section 901.  The joint education interim committee shall, if directed by the management council, review the school funding model proposed by the Wyoming school boards association, the Wyoming association of school administrators and the Wyoming association of school business officials.  The review by the joint education interim committee may provide for the evaluation of the proposed funding formula and the feasibility and merits of adjusting or enhancing the education resource block grant model prescribed by law, subject to the requirements and limitations of the supreme court pertaining to State of Wyoming, et al., v. Campbell County School District, et al.  Any such evaluation shall be in accordance with management council directive and if conducted, shall be completed and reported to the education committee by October 1, 2003.".

 

Page 25-line 19    Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ", 901 and 1001".

 

The intent of this amendment is that section 901, as created by this amendment, is effective immediately.  LUTHI, PARADY

 

 

 

 

 

 

 

 

 

HB0229H3001/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 3-line 10     After "Parkway" insert "and less than fifteen (15) packs within this state, including Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway".

 

Page 4-line 20     After "Parkway" insert "or at least fifteen (15) packs within this state, including Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway".  PHILP, OLSEN, SIMPSON

 

 

 

 

HB0229H3002/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 4-line 17     After "were" insert "at least".

 

Page 16-line 2     Delete "if licensed".

 

Page 16-line 3     Delete "hunting of wolves is authorized,"; after "wolf" insert "where classified as a trophy game animal".  BAKER

 

 

HB0229H3003/A

 

 

[TO SUBSTITUTE BILL No. 1]

 

Page 4-line 8      Delete "At the request of" insert "In consultation with".

 

Page 4-line 9      After "," insert "upon receipt of information from the department of agriculture,".

 

Page 4-line 11     Delete "but not later".

 

Page 4-line 12     Delete entirely and insert "or at an earlier meeting of the commission as the commission deems desirable or necessary.".  IEKEL

 

 

HB0236H3002/A

 

 

Delete the Hageman, et al., third reading amendment (HB0236H3001/A).  Further amend as follows:

 

Page 1-line 10     Delete "an appropriation" insert "appropriations".

 

Page 11-lines 20-22     In the standing committee amendment (HB0236HS001/A) to these lines; before subsection (b) created by that amendment insert:

 

"(b)  There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the emergency insect management program special revenue account to be expended, only with the authorization of the governor, for purposes of responding to unanticipated emergencies under this act.".

 

Renumber as necessary.  NICHOLAS

 

 

HB0291H3001/A

 

 

Page 1-line 3      Delete the Simpson second reading amendment (HB0291H2001/A), after "costs" insert "relating to alcohol-impaired driving education"; delete "education" insert "transportation".

 

Page 3-lines 5 through 15    Delete the Simpson second reading amendment (HB0291H2001/A) to these lines, and further amend as follows:

Page 3-line 5      After "2." delete balance of line and insert "To the extent permitted by federal law, monies received by the department of transportation under the federal alcohol-impaired driving countermeasures incentive grants as authorized by 23 U.S.C. 410, shall be expended by the department of transportation as necessary to make reimbursement payments to school districts pursuant to this act.".

 

Page 3-lines 6 and 7    Delete.

 

Page 3-line 8      Delete line through ".".

 

Page 3-line 11     After "department" insert "of transportation".  SIMPSON

 

 

HB0295H2001/A

 

 

Page 1-line 8      After "W.S." delete the balance of the line and insert "40-4-101 by creating a new subsection (b) and by amending and renumbering (b) as (c) and renumbering (c) as (d) and 40-4-114(a) and by creating a new subsection (e) are amended to read:".

 

Page 1-lines 10 through 16   Delete.

 

Page 2-lines 1 through 23    Delete.

 

Page 3-lines 1 and 2    Delete.

 

Page 3-After line 2     Insert:

 

"40-4-101.  Unfair discrimination; penalty; exceptions.

 

(b)  Any person, firm or corporation, foreign or domestic, doing business in the state of Wyoming and engaged in the purchase of any commodity in general use, shall not make, enter into, form or become a party to any plan, agreement, consolidation or combination of any kind whatsoever to prevent or destroy competition, to control or influence production or prices thereof or gain unjust and unreasonable profits.

 

(b)  (c)  Any person, firm or corporation violating subsection (a) or (b) of this section is guilty of unfair discrimination.

 

(c)  (d)  This chapter shall not:

 

(i)  Apply to any case where by reason of different railroad rates or other natural things in favor of any manufacturer or dealer of goods of this or another state, the manufacturer or dealer sells at a different price than he does to another in order to meet the competitive dealer;

 

(ii)  Apply to any case where any manufacturer of or dealer in goods manufactured or produced in this state sells products in one (1) place cheaper than in another to meet upon the same or more favorable basis any competition from foreign states or this state;

 

(iii)  Prevent the sale of goods at proper commercial discounts customary in the sale of such particular goods;

 

(iv)  Prohibit cooperative agreements for antitrust exceptions approved and operating pursuant to W.S. 35-24-101 through 35-24-116.

 

40-4-114.  Enjoining violations of W.S. 40-4-106 through 40-4-116; recovery of damages; liability of directors, officers and agents; requiring testimony and production of books and records.

 

      (a)Any person, firm, private corporation or trade association, injured directly or indirectly, may maintain an action to enjoin a continuance of any act or acts in violation of this act and, if injured thereby, for the recovery of three (3) times  the actual damages of and sustained, together with costs and disbursements, including reasonable attorneys' fees from the defendants named in the

action.  In any subsequent action, the court may take any steps necessary to avoid duplicative recovery against a defendant.

 

(e)  A civil action for damages or recovery of payments under W.S. 40-4-101(b) is barred unless commenced within six (6) years after the cause of action accrued. When, in a civil class action, a class or subclass is decertified or a class or subclass certification is denied, the statute of limitations provided in this subsection is tolled as to those persons alleged to be members of the class or subclass for the period from the filing of the complaint first alleging the class or subclass until the decertification or denial.".  NICHOLAS

 

 

 

HB0300H3001/A

 

 

Page 5-line 17     Delete "litigation shall" insert "legal action may".  PHILP

 

 

HB0307H2001/A

 

Page 1-line 4      After ";" insert "imposing reporting requirements;".

 

Page 1-line 7      After ";" insert "authorizing certain expenditures;".

 

Page 1-line 13     After "accounting" insert "; reporting requirements".

 

Page 3-After line 3 insert:

 

     "(d)  Monies deposited into the trust and agency fund under subsection (a) of this section and not otherwise expended under subsection (c) of this section may be expended by the attorney general in accordance with the purposes for which the monies were received.  Monies received by the attorney general for reimbursement of litigation expenses under subsection (b) of this section are continuously appropriated to the attorney general to be expended for the costs of providing the litigation services rendered to collect the recovered monies.

     (e)  Not later than November 1 of each year, the attorney general shall report to the joint appropriations interim committee on the expenditure of monies received pursuant to this section, W.S. 9‑1‑633, 9‑1‑635, 9‑1‑702 and 9‑2‑1005.  The report shall include an account of the monies in the trust and agency account and the enterprise account for the last fiscal year.".

 

Page 6-line 16     After "(b)" reinsert stricken language through "section" and insert ",".

 

Page 7-line 20     Delete the standing committee amendment (HB0307HS001/A) to this line.

 

Page 8-After line 3     Insert:

 

     "Section 4.  Any funds received by the attorney general's office prior to the effective date of this act as a result of any class action or consumer recoveries, the use of which is not otherwise specified by law and which have been obligated for expenditure by the governor or the attorney general, are hereby appropriated to the attorney general's office to be expended as obligated.".

 

Renumber as necessary.  NICHOLAS

 

 

 

HB0308H2001/A

 

 

Page 1-line 4      After ";" insert "modifying provisions relating to where permittees may carry concealed firearms;".

 

Page 1-line 8      After "(f)" insert "and (t)(xi)".

 

Page 2-after line 6     Insert:

 

"(t)  No permit issued pursuant to this section or any permit issued from any other state shall authorize any person to carry a concealed firearm into:

 

(xi)  Any place where the carrying of firearms is prohibited by federal law or regulation or state law. or regulation.".  HINCKLEY

SF0078H2001/AE

 

[TO ENGROSSED COPY]

 

Page 4-lines 10 through 12        Delete the Bucholz, et al., committee of the whole amendment (SF0078HW001/AE) to these lines and further amends as follows:

 

Page 4-line 10     Delete "In addition and".

 

Page 5-line 14     Strike "In addition and".  ROBINSON